{
  "id": "R40790",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R40790",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
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      "source": "EveryCRSReport.com",
      "id": 351816,
      "date": "2009-08-26",
      "retrieved": "2016-04-07T02:19:26.874356",
      "title": "Requiring Disclosure of Gifts and Payments to Health Care Professionals: A Legal Overview",
      "summary": "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. \nThis 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 Anna C. Henning.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/R40790",
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      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions"
  ]
}