The Supreme Court decision upholding the Affordable Care Act (ACA) means that the sun did not set on the provisions of the Physician Payment Sunshine Act that were contained within it.
Manufacturers of pharmaceuticals and medical devices will be required to report all payments and transfers of value (e.g. honoraria, consulting fees, travel expenses, meals) made to physicians and teaching hospitals.
The good news for Pharma market research vendors is that anonymous market research, where the sponsoring company does not know the names of the doctors interviewed, does not have to be reported.
Market research is not referred to directly in section 6002 of the ACA, but the “exemption” can be inferred from the definition of “payment or other transfer of value” in the Act:
Such term does not include a transfer of anything of value that is made indirectly to a covered recipient through a third party in connection with an activity or service in the case where the applicable manufacturer is unaware of the identity of the covered recipient.
This makes a lot of sense, after all, how can you potentially influence prescribing if you don’t know who is being paid by your market research vendor.