Premiums and benefits in kind: premiums and benefits granted in kind are also subject to transparency requirements (Art. 41, §2, Sunshine Act).
A few examples: the payment of the registration fee for participation in a congress to the congress organiser (no payment directly to the participating healthcare professional); organising a (e.g. in-house) product training by a company subject to notification whereby the participating healthcare professionals do not have to pay a registration fee or where the costs of the training are not fully covered by the registration fee.
For the publication of these premiums and benefits in kind the company subject to notification must estimate the cost based on the normal market value, the Belgian market being taken as a reference. The company subject to notification must at all times be able to demonstrate how it calculated the cost of the benefit in kind.
The date that determines the reference year in which a premium or benefit in kind was granted, is the date on which the premium or benefit concerned was granted by the company subject to notification and not the date on which the beneficiary actually benefited from it if it were to be different.