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May 20, 2013

Massachusetts House Votes to Repeal Gift Ban Law

Last week the Massachusetts House of Representatives voted 128-22 to repeal the Massachusetts Pharmaceutical and Medical Device Manufacturer Code of Conduct (often called the “gift ban” law).  The gift ban law prohibits pharmaceutical and medical device manufacturers from giving gifts and certain other items of value to health care providers, and requires disclosure of permitted payments and transfers of value to health care providers.

The House repealed the gift ban law in an amendment to its proposed budget.  The Senate will take up the budget next and is expected to release its version of the budget in May.  This is the second consecutive year in which the House has voted to repeal the gift ban law.  Last year, the repeal didn’t survive the Senate.   The fate of the gift ban law therefore remains in question.  We will be sure to report on subsequent developments.

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About the Author

Associate

Brian is an Associate in Mintz Levin’s Litigation and Health Law Sections, and is part of the firm’s Health Care Enforcement Defense Group. Brian has handled a wide range of litigation and health care matters involving litigation, investigations, and voluntary disclosures. He has defended clients against allegations of false claims, whistleblower claims, and in SEC investigations and enforcement proceedings. He has also represented clients in complex business disputes.

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