Can You Hear Me Now?


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Can You Hear Me Now?
By: Sherri C. Lennarson, MAS
Issue: 2009oct

My inspiration for this column came from a familiar telecommunications company’s ad campaign. It’s apropos when you consider the number of times I have written about legislative action this year. And it’s certainly fitting when you consider most of us have to hear something at least three times before it registers for immediate recollection. Just think how many times you may have conveyed a message to someone before that person takes action.

Like many industries, ours faces increased government regulation and legislative scrutiny. Unless you live in a cave, you have no doubt heard about the healthcare reform initiatives being debated in Congress. At this writing, there is federal legislation that could have sweeping implications for our industry. If passed as written, the Physician Payments Sunshine Act S. 301, a bill before the U.S. Senate, could effectively ban the distribution of promotional products to healthcare professionals. My prediction is S. 301 will likely be rolled into a huge, complex and complicated bill on healthcare reform.

To paraphrase, the bill requires all manufacturers of covered drugs (pharmaceuticals), medical devices or medical supplies to disclose payments (or any other “transfer of value”) made to a physician, a physician medical practice or a physician group practice. Promotional products are included under this definition.

The bill is aimed at bringing transparency to the financial relationships that exist between the healthcare industry and physicians. It is meant to alleviate conflicts of interests resulting from expense-paid trips, expensive gifts, stock options or excessive speaking and consulting fees. The bill is well intentioned, but unfortunately it has adverse and unintended consequences for our industry.

Although the bill does not ban promotional products outright, it would effectively do so since every item distributed to a physician would have to be reported. The reality for our industry is simple—many companies would opt to give nothing of value, rather than report each item.

We need to gain modification to the bill’s language that would include a minimum threshold so that every pen, portfolio or coffee mug given to a doctor would not need to be reported. We are lobbying for a de minimis (minimum value) of $25 or less. This amount allows for many effective promotional campaigns.

The bill is still in committee at present, so we have the opportunity to influence the final language. However, the concept of the bill will likely be included in other healthcare reform proposals that may have progressed since this writing.

Your individual voice is important because legislators want to hear from constituents and history shows us they will respond. It’s also important to stop this type of regulation now so it does not become a precedent for other industries such as the insurance and financial sectors. Your voice is essential. Each of us must articulate why we oppose S. 301 in its current form or its concept in final bills legislators may now be debating.

PPAI has made it simple for you to do so. Log on to www.ppailaw.org. Click on your state and follow the easy prompts to express your opposition to your legislators. You can use the template letter although I strongly encourage you to compose a communication using your own thoughts and words.

Don’t stop there. Take the time to call either the local or federal office of your senators and representative to convey your opposition. Contact information is available at the PPAI LAW site. When your representative or senators are in your home state, do everything you can to arrange a meeting to share your position. Town hall meetings, Chamber of Commerce gatherings and special panels are all common events and make it easy for you to meet your legislators.

As Confucius said, “I hear and I forget. I see and I remember. I do and I understand.” Please join me in this all-important effort. Your voice makes a difference and it needs to be heard. I think you’ll find, as I have, that the legislative process is fascinating. You can be a part of it and you can make a difference. Like another telecommunications ad campaign, we need the power of the network working together. It’s an awesome image—
thousands of promotional products professionals engaged and involved. Together we can effect change.

Sherri C. Lennarson, MAS, is senior vice president of business development for Iowa City, Iowa-based distributor Bankers Advertising Co. (UPIC: BACADV).
319-354-1020, ext. 1137
slennarson@bankersadvertising.com

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