Our business is changing! The Bertrand law sets the rules.
The decree colloquially known as the “French Sunshine Act” (already published in the United States), came out on May 22, 2013, now requires that all benefits granted to healthcare professionals be reported starting 10€, which limits some investments.
Concretely, it means that it is not possible for health industry companies to offer a bottle of wine or a congress bag to a physician without first making a public statement concerning this gift. Otherwise it should not exceed 10 €.
However, the initial draft of this law required that benefits granted to healthcare professionals be reported from the very first euro, which would have penalised all the partners accustomed to financing congress pens, lanyards…
What does this imply?
Industrial health companies now publicly report, and not only to the French Medical Association CNOM, invitations to a restaurant or conference, the management of the accommodation and transportation and any other benefits granted to healthcare professionals (including students) as soon as these amounts exceed 10 € (which is based not only on the amount but also on the nature of the offer).
This also means that a partner must establish a contract with the physician regarding his participation in a symposium. The latter will then have to issue an invoice for the services accounted and this amount will no longer be included in the statement of benefits granted to healthcare professionals.
It could lead to a decreasing participation in some medical conferences.
But Marisol Touraine, Minister of Health and Social Affairs, wished that the package ensures the greatest transparency possible “If the relationships between healthcare professionals and industries are essential to medical progress, their expertise helps implementing trust between the citizens and the health system”. Indeed, eventually the publication will be centralized on one unique public website.
What do you think?