As Congress addresses health reform, there has been interest in increasing transparency, preventing inappropriate relationships, and requiring disclosure of gifts and other payments made to physicians. While companies are free to voluntarily disclose this information about gifts and other payments, there is no current federal requirement to do so. This report outlines the existing AMA guidelines on disclosure and describes certain state disclosure laws and selected federal legislation, in particular, the Physician Payment Sunshine Act of 2009 ( S. 301 , H.R. 3138 ). This report also analyzes various legal and constitutional considerations that may pertain to a federal disclosure requirement. Selected State Disclosure Measures

Legislation requiring pharmaceutical companies and other entities to disclose gifts and payments to health care professionals has been enacted in states such as Maine, Minnesota, Vermont, and Massachusetts, as well as the District of Columbia. Legal Analysis of a Federal Disclosure Requirement

In enacting a federal disclosure requirement, Congress may consider the following statutory and constitutional considerations. Conclusion

In sum, there have been recent efforts to crack down on perceived conflicts of interest between health care professionals and the pharmaceutical and other medical industries, in particular through disclosure of certain gifts or other payments. Several states have already enacted legislation requiring companies to disclose gifts and payments to these professionals. Pharmaceutical companies might challenge the provision on First Amendment grounds. However, it appears likely that it would survive judicial scrutiny under the various applicable tests of constitutionality.
In recent years, questions have been raised over the propriety of certain financial relationships between health care professionals such as physicians, and the pharmaceutical and other medical industries. As part of these relationships, companies may give gifts or make payments to healthcare professionals as part of their marketing efforts, or for other purposes. In an effort to promote transparency and prevent inappropriate relationships, there has been interest in requiring disclosure of certain types of payments. Several states and the District of Columbia have enacted legislation requiring pharmaceutical companies to disclose gifts and payments made to health care professionals. While companies are free to voluntarily disclose this information, there is currently no federal requirement to do so.
This report briefly outlines American Medical Association (AMA) guidelines addressing gifts to physicians from industry, and describes selected state disclosure laws already in effect. The report also discusses proposed federal legislation, in particular, the Physician Payments Sunshine Act of 2009 (S. 301, H.R. 3138). In addition, the report analyzes potential legal and constitutional considerations associated with a federal disclosure requirement, including how a court may evaluate a federal disclosure requirement if it were challenged on First Amendment grounds. If a federal disclosure requirement was enacted and subsequently challenged on these grounds, it appears likely to survive judicial scrutiny. This report supersedes CRS Report RL34094, Requiring Disclosure of Gifts and Payments to Physicians: State Efforts and a Legal Analysis of Potential Federal Action, by [author name scrubbed].