Minnesota law [Minn. Stat. § 151.47(f)] currently requires wholesale drug distributors and manufacturers to report annually to the Minnesota Board of Pharmacy (“Board”) all "payments, honoraria, reimbursement or other compensation" permitted under the gift prohibition statute and provided to practitioners during the previous calendar year. Minnesota legislature previously proposed legislation that would repeal this annual disclosure requirement for wholesale drug distributors and manufacturers. However, instead of passing a full repeal on the annual disclosure requirements, the Minnesota legislature recently passed legislation that will modify the disclosure requirements.
The passed legislation clarifies that only drug manufacturers will be subject to the annual reporting requirements. Wholesaler drug distributors will no longer be required to submit an annual disclosure report. Additionally, the passed legislation also clarifies that payments made to sponsors of a medical conference, professional meeting, or other educational program, and not made directly to healthcare practitioners, do not need to be reported.
In addition to the passed legislation, the Board also issued a memo to drug manufacturers and wholesalers regarding the reporting of payments to practitioners. In the memo, the Board states that the passed legislation acknowledges the Sunshine Act preemption of state law. The Board further confirms the intent of the legislation to only require the Board to collect data on payments made to other healthcare practitioners, such as physician assistants and nurse practitioners, and not payments made to physicians.
In the memo, the Board also addressed its previous instruction to drug manufacturers and wholesalers to not file reports covering payments during the 2012 calendar. The Board confirmed that drug manufacturers and wholesalers are not required to file reports for 2012 and will also not be required to report for the 2013 calendar year. The Board states that drug manufacturers will likely have to report payments to practitioners in 2015 and advises drug manufacturers to “make arrangements to track data for calendar year 2014.”
It is important to note that the gift ban [Minn. Stat. § 151.461] remains in effect and the Board has stated that it “did not and will not seek its repeal.”