Compliance Lab

Compliance Cases in Focus

Joint Providership or Ineligible Partnership?

Context

An accredited provider was asked to collaborate with a content-development company on accredited CE. The company does not manufacture or sell healthcare products, but it creates scientific communications and nonaccredited educational materials for pharmaceutical companies under contract. It asserted that it was eligible because it is independent and not owned by a pharmaceutical manufacturer.

Compliance Issue

Is the content-development company eligible to participate as a joint provider or control accredited educational content? Does performing the work under contract change its status under the ACCME Standards for Integrity and Independence in Accredited CE?

Analysis

Under the Standards Eligibility requirements, ACCME evaluates an organization’s primary business and activities and identifies advertising, marketing, or communication firms whose clients are ineligible companies as examples of ineligible companies. Its self-assessment also asks if an organization develops nonaccredited education in collaboration with one. Because the described company routinely creates communications and nonaccredited content for pharmaceutical clients, it would likely be considered ineligible.

Strategy

The provider paused the collaboration and requested a written description of the company’s services, client types, ownership and corporate structure, and work involving promotional communications or nonaccredited education. The review showed that the company routinely developed communications and nonaccredited content for pharmaceutical clients, so the provider treated it as ineligible. It did not enter into joint providership and excluded the company’s owners and employees from controlling accredited content. The provider documented its determination.

Practical Tips

  • Do not rely on how a company labels itself. Evaluate what it does, for whom it works, and how it is owned.
  • Distinguish independent publishing or education from promotional communications, advocacy, or nonaccredited education for ineligible companies.
  • Document the eligibility determination before working in joint providership with an organization.