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No Easy Solution for Lack of Transparency in the Practice of Medicine

Simon M. Helfgott, MD  |  Issue: December 2012  |  December 1, 2012

The amount of data that will be generated by the act will be enormous. Consider the fact that there are more than 650,000 practicing physicians. Given the low threshold for reporting, physicians receiving $101 and those who are paid $100,000 will be listed. We may end up with thousands of pages of data, the sheer volume of which will make it challenging for visitors to the website to parse the numbers. The outcome might resemble what we see in other instances of disclosure. Have you ever fully read the paperwork explaining your rights as a credit card holder, or as the owner of a home mortgage? Disclosure does not always lead to clarity.

Before you feel too bad about the impact of the Sunshine Act on your lives, consider our friends and colleagues who work at the NIH. The Stop Trading On Congressional Knowledge (STOCK) Act was recently enacted. It was intended to prevent insider trading by members of Congress, but it casts a wide net, covering 28,000 senior staff members in the executive branch, including about 600 employees of the NIH. Though they are already held to stringent limits on owning drug company stocks, they must now list all personal (and spousal) financial transactions, not just those related to healthcare industries, within 45 days. All this data will be available (you guessed it) on a publicly available website.

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So what’s the weather going to be like in 2013? With all this anticipated sunshine, you might want to pack sunglasses and suntan lotion. But I would throw in an umbrella. And a raincoat. Just to be sure.


Dr. Helfgott is physician editor of The Rheumatologist and associate professor of medicine in the division of rheumatology, immunology, and allergy at Harvard Medical School in Boston.

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References

  1. Coates JC, Hubbard RG. Competition in the mutual fund industry: Evidence and implications for policy. J Corporation Law. 2007;33:151-222.
  2. Segal D. Romney’s go-to economist. New York Times. October 14, 2012, p. BU1.
  3. Chimonas S, Stahl F, Rothman DJ. Exposing conflict of interest in psychiatry: Does transparency matter? Int J Law Psychiatry. 2012. pii: S0160-2527(12)00072-6.
  4. Carragee EJ, Hurwitz EL, Weiner BK. A critical review of recombinant human bone morphogenetic protein-2 trials in spinal surgery: Emerging safety concerns and lessons learned. Spine J. 2011;11:471-491.
  5. Kesselheim AS, Wang B, Studdert DM, Avorn J. Conflict of interest reporting by authors involved in promotion of off-label drug use: An analysis of journal disclosures. PLoS Med. 2012;9:e1001280.
  6. Sharek Z, Schoen RE, Loewenstein G. Bias in the evaluation of conflict of interest policies. J Law Med Ethics. 2012;40:368-382.
  7. Pham-Kanter G, Alexander K. Effect of physician payment disclosure laws on prescribing. Arch Intern Med. 2012;172:819-821.
  8. MassPirg urges governor to veto changes to prescription drug gift ban. Published July 5, 2012. Available at www.masspirg.org/news/map/masspirg-urges-governor-veto-changes-prescription-drug-gift-ban. Accessed November 16, 2012.

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