Pharma Co. X Employee #2 was a Pharma Co. X Brand Manager in charge of one of Pharma Co. X’s ERO brands.

Pharma Co. X Employee #3 was a Pharma Co. X physician.

Pharma Co. X Employee #1 was Pharma Co. X’s Director of eMarketing.

PHARMA CO. X AGREED TO PROVIDE PRACTICE FUSION REMUNERATION IN EXCHANGE FOR THE CREATION OF A PAIN CDS

“Pharma Co. X” (a pseudonym) was a United States-based pharmaceutical company whose products included branded extended release opioids.

Pharma Co. X Employee #1 was Pharma Co. X’s Director of eMarketing.

Pharma Co. X Employee #2 was a Pharma Co. X Brand Manager in charge of one of Pharma Co. X’s ERO brands.

Pharma Co. X marketing personnel representing each of its three ERO brands attended the September 1, 2015 presentation. The presentation included a pitch deck in which PRACTICE FUSION proposed the CDS program focus on the treatment of pain by:

Pharma Co. X Employee #1 and PRACTICE FUSION personnel—including Employee #4 and other Practice Fusion clinical personnel—began designing the Pain CDS alert. Employee #5 and Pharma Co. X Employee #1 reviewed the draft Pain CDS from PRACTICE FUSION’S clinical personnel and proposed edits that would enhance the likelihood that the Pain CDS would increase prescriptions.

Pharma Co. X advised PRACTICE FUSION that it wished to utilize a CDS to “target” the opioid naïve and IRO users. Those patients represented potential additional users of Pharma Co. X’s EROs. Further, Pharma Co. X would make more money selling its drugs if PRACTICE FUSION’s CDS helped “keep[] an appropriate patient on a consistent dose . . . .” PRACTICE FUSION thus recommended creating tools within its EHR that would “identify care gaps for appropriate patients,” “provide validated tools for providers to better manage patients,” and to “plan for and measure” patient outcomes.