Presentation by Pat Cerundolo, Partner, Foley Hoag LLP

III.Disclosure Requirement• Requires PMDMCs employing marketers to disclose annually the:–Value– Nature– Purpose–Recipient– of any fee, payment, subsidy, or other economic benefit with a value of at least$50 which the company provides, directly or through its agents– to any physician, hospital nursing home, pharmacist, health plan administrator,health care practitioner or other person in the commonwealth authorized toprescribe, dispense or purchase prescription drugs or medical devices in theCommonwealth.• All disclosed data is publicly available on the web• No guidance on how the $50 limit is calculated• No reference to confidential materials or trade secret protections– Public records law likely applicable to reported data without statutory exception© 2008 2009 Foley Hoag LLP. All Rights Reserved.Presentation Title | 8