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ARTICLE · 20 NOVEMBER 2020

OIG Issues Fraud Alert: Should Pharma And Device Companies Cease Speaker Programs?

ArentFox Schiff
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The Department of Health and Human Services Office of the Inspector General (OIG) published a Special Fraud Alert on November 16, 2020 (the Alert) regarding a common practice

United StatesCriminal Law

The Department of Health and Human Services Office of the Inspector General (OIG) published a Special Fraud Alert on November 16, 2020 (the Alert) regarding a common practice within the pharmaceutical and medical device industry known as "speaker programs."

The Alert suggests that the fraud and abuse risks associated with hosting or even attending such programs outweighs any potential educational benefit, unless very strict protocols are followed.

Generally speaking, a speaker program is an in-person event sponsored by a pharmaceutical or device manufacturer where a non-employee of the company – another physician or scientist – will speak to the science, uses, and benefits of a particular drug or device product to an audience of fellow physicians, who are, importantly, in a position to recommend or prescribe that particular product. These events can occur over dinners, educational conferences, or other professional gatherings. The inherent risk in such programs is

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