Under the Sunshine Act, data on payments and gifts made to physicians and teaching hospitals by medical device and pharmaceutical companies must be publicly available on a searchable federal database, starting in September 2014.
The Hoolux Medical system is excluded from the controls and reporting requirements of the Sunshine Act, by virtue of the indeterminate nature of the payment by potential Pharmaceutical/Medical Device companies for advertising. In particular, the Sunshine Act specifically excludes any payments to Doctors etc., where the Pharmaceutical/Medical Device company does not know and/or does not have any control over who is getting paid, as is definitively the case with Hoolux Medical.
Read a summary of the key issues pertaining to payments made to Doctors etc:
At the end of the page there is a section entitled Excluded from Reporting which includes the following exclusions:
“Indirect Payments or Other Transfers of Value where applicable manufacturer is unaware of the identity of the covered recipient”
This conclusively excludes Hoolux Medical from being covered by The Sunshine Act, as all payments made to Doctors etc. are categorically not linked to any particular advertisement or other revenue generating facility implemented by Hoolux Medical.
told me…