Memorial Sloan Kettering Cancer Center.
Harvard University.
J Health Polit Policy Law. 2022 Dec 1;47(6):815-833. doi: 10.1215/03616878-10041205.
Payments from the pharmaceutical industry to US physicians are common. In determining which payments rise to the level of an illegal kickback under the Anti-Kickback Statute (AKS), the Department of Health and Human Services' Office of Inspector General (OIG) has stated in nonbinding guidance that influencing or "swaying" physician prescribing is key. OIG has highlighted as a compliance standard the Pharmaceutical Research and Manufacturers of America Code on Interactions with Health Professions, which stipulates that permissible payments are those that do not interfere with prescribing. However, recent evidence has shown that most payments influence physician prescribing, driving higher prescription drug costs by increasing use of brand-name and low-value drugs. This evidence implies that many payments that are currently commonplace could be subject to prosecution under AKS. Given that these payments increase costs to patients and the health care system, there is a public interest in curtailing them. This article proposes a range of actions available to stakeholders-including industry, providers, regulators, and payers-to mitigate the cost-increasing effect of industry payments to physicians.
制药业向美国医生支付款项的情况很常见。在根据《反回扣法》(AKS)确定哪些款项属于非法回扣时,美国卫生与公众服务部监察长办公室(OIG)在非约束性指南中指出,影响或“左右”医生处方是关键。OIG 强调了美国制药研究和制造商协会与卫生专业人员互动准则作为合规标准,该准则规定,允许的付款是不会干扰处方的付款。然而,最近的证据表明,大多数付款都会影响医生的处方,通过增加品牌药和低价值药物的使用,推高处方药成本。这一证据意味着,目前常见的许多付款都可能受到 AKS 的起诉。鉴于这些款项增加了患者和医疗保健系统的成本,遏制这些款项符合公众利益。本文提出了一系列可供利益相关者(包括行业、提供商、监管机构和支付方)采取的行动,以减轻制药业向医生支付款项对成本的影响。