On May 8, 2014, the Governor of the State of Connecticut signed into law a new reporting requirement, requiring U.S. medical device and pharmaceutical manufacturers to disclose on a quarterly basis payments or other transfers of value to advanced practice registered nurses (APRNs) practicing in Connecticut. Connecticut is the first state to adopt a mandate of this kind that applies to payments or transfers of value to APRNs.
The new law requires applicable manufacturers to report, with respect to payments to APRNs, the same information as that required under the federal Physician Payment Sunshine Act for payments or transfers of value to physicians and teaching hospitals and uses similar terminology such as “applicable manufacturer” and “payments or other transfer of value.” However, the law does not expressly address whether the Sunshine Act’s enumerated exceptions to reporting will also apply to the Connecticut disclosure requirement.
The new law takes effect on October 1, 2014 with the first report due by January 1, 2015. However, there is a Connecticut state legislative bill, H.B. 5597, which could delay this deadline to July 1, 2015 if signed into law. Manufacturers that do not submit a required report are subject to a civil penalty of $1,000 to $4,000 for each unreported payment or transfer of value.
It remains to be seen whether implementing regulations will be promulgated. A different Connecticut law that requires device and pharmaceutical manufacturers to implement Codes of Conduct by January 1, 2011 has yet to be implemented by regulation. In any event, this new disclosure law adds complexity to the federal and state payment transparency requirements already applicable to the pharmaceutical and medical device industry.