January 29, 2023

Volume XIII, Number 29

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January 27, 2023

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January 26, 2023

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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The House repealed the gift ban law in an amendment to its proposed budget.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.

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume II, Number 121
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About this Author

Brian P. Dunphy, Pharmaceutical Attorney, Mintz Levin, Anti-Kickback Lawyer,Health Care Enforcement & Investigations Health Care Compliance, Fraud & Abuse, and Regulatory Counseling Complex Commercial Litigation
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Brian has handled a wide range of health care litigation matters, government investigations, and voluntary disclosures for an array of health care providers, life sciences companies, and private equity funds and their portfolio companies. He defends clients against allegations of false claims for payment to the government, in SEC investigations and enforcement proceedings, and represents clients in complex business disputes. Brian also counsels clients on health care regulatory issues, including telemedicine laws, compliance with the federal Physician Payments Sunshine Act and analogous...

617-348-1810
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