Representative Michael J. Rodrigues (Word) by mbl22215


									Dear Commissioner Auerbach,

I am writing to express my gratitude for the thoughtful way the Department went about preparing the
draft regulations relative to the so called “gift ban” component of the health care cost containment bill.
The draft regulations which the Department promulgated strike the fine balance between industry
accountability and the public’s right to know while insuring the biotech industry and medical device
industry to proliferate in the Commonwealth of Massachusetts.

When the department issues its final regulations it will bear in mind these several factors:

       The current draft regulations remain the strictest of any state in the country.

       Massachusetts is the only state that has gone so far as to establish its own code of conduct for
        this relationship.

       This is the only instance I am aware of where our state has sought to regulate the interactions
        between two professionals.

       The economic climate has changed drastically since this legislation was signed into law. While it
        was a valid concern prior to enactment, protection of the Massachusetts economy is at the
        forefront of our concerns. The life sciences industry is part of the lifeblood of our economy.
        These regulations are onerous enough. Going further would place the sustainability and growth
        of this industry at further risk.

       The statute contains a provision which allows the Department to review the Code every two
        years. So let’s see what we have here. See how the pharmaceutical and medical device industry
        and the medical profession respond. If it becomes apparent after several months that stricter
        requirements are needed, then it is within the Department’s purview to begin that process.
        There is no need to be overzealous at this time, especially in light of current economic

Thank you, and please feel free to contact my office with any questions or if I may be of any assistance.


Representative Michael J. Rodrigues
House Chair, Massachusetts Biotechnology Caucus

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