Case Detail

In re Final Rules on Transparency Reporting
(Regulatory Proceeding)
On May 15, 2013, WLF wrote to senior officials with the Centers for Medicare and Medicaid Services (CMS), urging them to exempt dissemination of medical textbooks from its rules governing “payments or other transfers of value” made by pharmaceutical companies to doctors. WLF charged that applying the reporting requirements to medical textbooks constitutes a serious infringement on the First Amendment rights of pharmaceutical companies to disseminate textbooks and the First Amendment rights of doctors to receive such information. Under final rules recently adopted by CMS, drug companies will have to comply with detailed reporting requirements every time they give a textbook to doctors. WLF argued that the result of the rule will be to end all such gifts, primarily because doctors fear being included on lists of those receiving drug company payments. WLF noted that the courts have regularly struck down disclosure requirements when, as here, they impose a significant burden on speech.
Case Status:
Awaiting CMS Response.
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