Question: "A colleague warned me about continuing to accept requests to serve on industry-sponsored speaker programs, which I’ve done for years. He mentioned ethical issues and conflicts of interest, and when he mentioned the Office of Inspector General (OIG), I became nervous. Can you explain?"
Answer: A November 2020 special fraud alert from the OIG highlighted the fraud and abuse risks associated with “the offer, payment, solicitation, or receipt of remuneration relating to speaker programs by pharmaceutical and medical device companies.” Apparently, there is increased criminal and civil scrutiny related to the antikickback statute of all parties involved in such programs.
The Open Payments website revealed nearly $2 billion paid to health care professionals from 2017 to 2019 for speaker program involvement. The OIG is well aware that this $2 billion expenditure is expected to bring a significant return on the investment. The agency recommends a reevaluation of current practices and urges practitioners to consider the risks of involvement.
With respect to the AAO Code of Ethics, two rules (Rule 11, Commercial Relationships and Rule 15, Conflict of Interest) may come into play if the commercial relationship with the speaker program(s) becomes a conflict that influences the ophthalmologist’s patient care. Rule 15 requires that “disclosure of a conflict of interest is required in communications to patient, the public, and colleagues.” If it makes you uncomfortable to disclose your speaker-bureau involvement, including your remuneration, to patients, it may be time to reevaluate your involvement.
Find all OIG special fraud alerts at https://oig.hhs.gov/compliance/alerts
To read the Code of Ethics, visit aao.org/ethics-detail/code-of-ethics.
To submit a question, email ethics@aao.org.