Update on federal and state developments: regulation of financial interactions between health care providers and pharmaceutical and medical device companies

Recent weeks have seen two significant developments with respect to federal and state laws regulating financial interactions between pharmaceutical and medical device companies and health care providers: (1) the Centers for Medicare and Medicaid Services (“CMS”) submitted a draft of the final regulations implementing the so-called Federal Sunshine Law (42 U.S.C. § 1320a-7h) for the government clearance process that is a mandatory prerequisite for promulgation; and (2) the Massachusetts Department of Public Health (“DPH”) approved final regulations (105 C.M.R. § 970.000) implementing statutory revisions to the Massachusetts Marketing Code of Conduct.