Essential Guidelines, Regulations and Ethical Considerations:
The Evolving Relationship between Orthopaedists and Industry

February 2007
Marjorie Eskay-Auerbach, M.D., J.D.

In March 2005, the United States Attorney’s Office issued subpoenas to Smith & Nephew, Stryker Corp., Biomet, Inc., DePuy Orthopaedics, and Zimmer. The subpoenas requested consulting contracts, professional service agreements, and remuneration agreements between the respective companies and any orthopaedic surgeon, orthopaedic surgeon in training, or even medical school students using or considering the surgical use of hip or knee joint replacement products made or sold by the companies for the period beginning January 2002 through March 2005. Physicians and industry are increasingly aware of the government’s efforts to fight health care fraud. The underlying theme of much of the health care fraud-related legislation is related to the concern that certain business practices and/or relationships have the potential to negatively impact ways in which care is delivered. Health care providers must understand the risks of engaging in actions that violate federal or state health care laws. This article provides a brief overview of the enforcement agencies, current laws and regulations, how they apply to orthopaedic practice, and guidance for compliance.

Click here for a printable version of the entire article

After reading the article, please click here to complete a brief survey

 Send this page to a friend