Conflicts of Interest Management Unit Presented by Monique Phillips July 10, 2012

1. Conflicts of Interest Management Unit Presented by Monique PhillipsJuly 10, 2012 TO ACCEPT or NOT to ACCEPT?: NYULMC’s Policy on Accepting “Gifts”

2. What Does Our Policy Say? General Policy Purpose To ensure compliance with state and federal laws (i.e. Anti-Kickback Statute). To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

3. Key Terms “Gifts” or “Benefits” – Things of value or things that provide financial gain or advantage to the individual or his/her immediate family member “Individual” – Any Hospital and/or School of Medicine trustee, officer, employee, faculty member (full or p/t) or student “Vendor” – Individual or company who sells goods and/or services to, or seeks to do business with NYULMC To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

4. Key Terms (Cont’d.) Anti-Kickback Statute • Designed to protect patients and federal health care programs from fraud and abuse • Prohibits the knowing & willful solicitation or receipt, offer or payment, directly or indirectly, of anything of value in cash or in kind in exchange for the referral of business such as: • Patient referrals • Ordering, purchasing or lease of goods, services or facilities • Bribes • Rebates • Cash • Violation of this law is a felony and is punishable as follows: • Criminal penalties of up to $25,000 in fines and up to 5 years in prison • Civil penalties of up to $50,000 in fines per violation • Exclusion from federal health care program participation Types of Remuneration To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

5. What Can You Accept? (1) Gifts to Individuals - NO • A Medical Center individual cannot accept a gift or benefit from a vendor, patient or others intended for his/her personal use vs. (2) Gifts to Patients Units • Directors of patient units may accept gifts from patients and their families as long as it is: • Of modest value • Able to be shared with other members of the unit To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

6. What Can You Accept? (Cont’d.) (3) Solicitation for Fundraising Events • Solicitation of gifts and donations are acceptable only if: • It’s for an organized academic or educational event sponsored or approved by the Medical Center’s Office of Development • Requests for gifts and donations are made to all vendors equally • It’s clear that vendor selection for potential future business will not be affected by the vendor response To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

7. What Can You Accept? (Cont’d.) (4) Gifts/Grants to Support Research or Education • Vendor support is approved and managed by the Office of Development or the Office of Science & Research • The subsidy is paid directly to the Medical Center • The vendor must certify that the support is being given to support research or education and not intended to influence purchasing decisions or research outcomes To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

8. What Can You Accept? (Cont’d.) (5) Gifts to Underwrite Educational Conferences & Seminars • It is approved by the Office of Development, the Office of Science & Research, or the NYU Post –Graduate Medical School (for CME activities) • Subsidy must be paid directly to the Medical Center (i.e. the applicable department or the Office of Continuing Graduate Medical Education (GME)) • The Medical Center controls the content, faculty, education methods & ownership of the materials and Medical Center attendees To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

9. What Can You Accept? (Cont’d.) (6) Gifts for Conference Travel, Lodging & Meals by students, residents and fellows • Vendor gifts or donations to support student, resident and fellow attendance to conferences or research • Can only be accepted by a NYULMC corporate officer • Support must be paid via an educational or scholarship fund established for this purpose • The Medical Center must select the individual to receive the support • The activity or research must be deemed appropriate • The gift/grant must be approved by the Dean or Vice Dean responsible for the research or educational activity To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

10. What Can You Accept? (Cont’d.) (7) Gifts to Individuals for Conference Travel, Lodging & Meals • Acceptance of reasonable honoraria and reimbursement for travel, lodging and meal expenses is permitted only if you: • Lecture; • Make a presentation; • Moderate or participate in a panel discussion; • Act as a consultant; • Participate in a research panel (i.e. clinical trial development ); or • Perform some other substantive educational role To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

11. What Should You Avoid? 5 Things to Avoid Acceptance of the following gifts, benefits, or invitations are not permitted from vendors: (1) Grants to study a vendor’s product that has little or no actual scientific goal • (2) Invitations to events that have no legitimate academic or • educational purpose (3) Gifts offered in exchange for prescribing or promoting a vendor’s products and services To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

12. What You Should Avoid (Cont’d.) (4) Gifts offered in exchange for performing marketing tasks during the course of practicing medicine or providing research and development services (5) Reimbursement for travel/lodging/meals to attend product viewings at the vendor’s facilities or offices for products the Medical Center is considering purchasing To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

13. What to Do When You Get an Invitation or Other Gift Offer? • Review Process • All invitations or gift offers from a vendor, patient or patient’s family should be disclosed, in writing, to your supervisor • For any questions or concerns regarding the invitation or gift offer, the individual and/or the supervisor should contact the Office of Compliance/ Conflicts of Interest Management Unit • Appeals to the decision can be made to the appropriate VP/Dean or Vice Dean • Violations of the Policy will result in disciplinary action in accordance with Medical Center disciplinary policies To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

14. What’s the Penalty for Non-Compliance? Types of Disciplinary Action Non-compliance with this Policy can result in disciplinary action including, but not limited to: • Reprimand or Censure • Removal of privileges • Suspension • Dismissal To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts

15. Where to go for Guidance? Contact the Office of Compliance Nancy Dean Vice President, Compliance, Privacy & Internal Audit (212) 404-4078 Nancy.Dean@nyumc.org Monique Phillips Manager, Conflicts of Interest Management Unit (212) 404-4071 Monique.Phillips@nyumc.org Check out our Policy http://compliance.med.nyu.edu/files/compliance/attachments/GiftPolicy.pdf To Accept or Not to Accept? NYULMC's Policy on Accepting Gifts