Pursuant to Vermont's Prescribed Products Gift Ban and Disclosure Law (Law), manufacturers of prescription drugs, biological products and medical devices are required to disclose to the Vermont Attorney General's Office (AG's Office) the value, nature, purpose, and recipient of any allowable expenditure or permitted gift. Manufacturers are also required to submit samples reports that include the product, recipient, number of units, dosage and other information for all samples provided to health care providers.
On June 6, 2012, the AG’s Office published the “Amended Guide to Vermont’s Prescribed Products Gift Ban and Disclosure Law for 2012 Disclosures.” In the amended guide, the AG’s Office recognizes that as of January 1, 2012, some of Vermont’s disclosure requirements are preempted by the Physician Payments Sunshine Provision of the federal Patient Protection and Affordable Care Act (Sunshine Act). Although the Centers for Medicare and Medicaid Services will not require companies to begin collecting information as required by the Sunshine Act until or after January 1, 2013, the AG’s office indicates that it “may not require manufacturers to disclose those allowable expenditures and permitted gifts which would have been reported to the federal government under the [Sunshine Act] in 2012.”
Click here to view a copy of the amended Guide.