West Virginia Repeals State’s Pharmaceutical Advertising Disclosure Law

The Governor of West Virginia signed last week Senate Bill 267 to repeal the Code provisions that created the Governor’s Office of Health Enhancement and Lifestyle Planning (GOHELP). This includes section 16-29H-8 of the Code, which requires prescription drug manufacturers and labelers to annually report advertising and promotion costs for the prior calendar year by April 1st.  Because Senate Bill 267 becomes effective 90 days after enactment, manufacturers and labelers are still expected to file the calendar year 2014 report by April 1, 2015.

Is this a new trend for 2015? Although the CMS Open Payments database is now live and the second round of reporting will be completed by applicable manufacturers and applicable group purchasing organizations this week, Minnesota and Connecticut each recently expanded the list of health care providers for whom payment reporting is required.  We will be watching further federal and state transparency developments.

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Filed under State Marketing & Disclosure Laws

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