Massachusetts Enacts Pharmaceutical and Medical Device Disclosure Law

August 19, 2008

Following the lead of several other states, on August 10, 2008, the Commonwealth of Massachusetts enacted a state marketing disclosure law that requires pharmaceutical and medical device manufacturers to report information related to marketing activities with physicians and other health care providers.  An Act to Promote Cost Containment, Transparency and Efficiency in the Delivery of Quality Health Care (the Act) is part of a broad effort to contain health care costs and increase patient safety in the Commonwealth.  The Act becomes effective January 1, 2009.  A summary and analysis of the Act, as well as the distinctions from industry guidance and other state marketing disclosure laws, is discussed in this article.

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McDermott Will & Emery

McDermott Will and Emery