In the U.S., there are various federal and state laws that, subject to certain limited exceptions, prohibit the granting of value (for example, money, gifts, etc.) in exchange for the opportunity to provide goods or services to healthcare recipients or healthcare providers.  These laws include the federal Anti-Kickback Statute, the self-referral prohibition (i.e., Stark Law), the Civil Monetary Penalty (CMP) laws, and any state law equivalents (in Texas, we have the Texas Patient Solicitation Act).  To avoid violations of this complex web of laws, Mexican and other foreign businesses seeking to sell medical-related goods and services in the U.S. should review their marketing plans and proposed contractual arrangements with a U.S.-licensed attorney with healthcare expertise before embarking on any such plans or arrangements.

Mexico also has certain laws prohibiting the granting of value in exchange for the opportunity to provide goods and services to healthcare recipients or healthcare providers.  The Mexican laws are less complex than their U.S. counterparts and are limited to the government sector. 

In general, these Mexican laws prohibit the granting of any payment, gift, or other consideration by bidders or prospective contracting parties on projects involving the supply of equipment or services to public-health related government (or other governmental) entities in Mexico, whether at the federal or state level.  Such entities include, without limitation, Mexico’s Social Security Institute (IMSS) and Institute for Social Security and Services for State Workers (ISSSTE).  There are also Mexican laws that prohibit government officials from receiving such payments, gifts, or other consideration.  Note that even if a payment is permitted under Mexican law, the payment may be prohibited under the U.S. Foreign Corrupt Practices Act (for more on the FCPA, check out The FCPA Blog).

For private bids and contracts in Mexico, including private bid contests organized by private hospitals or doctor groups that are not affiliated with government entities, there are generallyno prohibitions or restrictions on payments, gifts, or other consideration given to such hospitals or doctors.  However, the officers of the hospitals or the doctors may be subject to ethical rules that prohibit or restrict the receipt or acceptance of these benefits.

Javier Villareal Teran, Minister of Tourism for the state of Tamaulipas, announced that the state will seek to expand health care options for U.S. and Mexican tourists seeking low-cost, high quality health care, ranging from surgeries to routine medical treatment, according to an El Financiero report.

As health care costs in the U.S. continue their seemingly inexorable rise, Mexico is wll poised to offer lower cost alternatives to financially struggling U.S. consumers.

The twelvth annual Expo Internacional Naturista natural products trade show will be held February 13-15, 2009 at the World Trade Center Mexico City.  The event is organized by Mexico’s National Association for the Natural Products Industry (ANIPRON).  More information is available from the U.S. Commercial Service and in its recent report on the industry.

Mexico’s Federal Commission for Protection Against Sanitary Risk (COFEPRIS) will hold a seminar at the U.S. Embassy in Mexico City on October 3, 2008 on the registration procedures for imported medical devices. 

The seminar will take place from 8:00 a.m. to 2:00 p.m.  Please email me for more information.