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Massachusetts House Votes to Repeal Gift Ban Law

Earlier this week the Massachusetts House of Representatives voted 128-22 to repeal the Massachusetts Pharmaceutical and Medical Device Manufacturer Code of Conduct (often called the “gift ban” law).  The gift ban law prohibits pharmaceutical and medical device manufacturers from giving gifts and certain other items of value to health care providers, and requires disclosure of permitted payments and transfers of value to health care providers.

The House repealed the gift ban law in an amendment to its proposed budget.  The Senate will take up the budget next and is expected to release its version of the budget in May.  This is the second consecutive year in which the House has voted to repeal the gift ban law.  Last year, the repeal didn't survive the Senate.   The fate of the gift ban law therefore remains in question.  We will be sure to report on subsequent developments.

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Brian P. Dunphy is a member of the Health Care Enforcement & Investigations Group at Mintz. He defends clients facing government investigations and whistleblower complaints regarding alleged violations of the federal False Claims Act. Brian also handles commercial health care litigation.