What is an example of a corporate structure where an ACCME accredited provider has a sister company that is an ineligible company, and meets the ACCME's requirements for independence?
The most common example that ACCME has seen of a corporate structure that involves an eligible organization in association with an ineligible company is one in which both organizations are owned by a separate holding (or parent) company. The holding company does not participate in or control the day to day operations of its subsidiaries, is responsible solely for the oversight of the profit and loss statements of its subsidiaries, and is controlled or managed by individuals who are different from those in control of its subsidiaries. In these circumstances, an accredited CME provider can have a sister company that is an ineligible company, as long as each company is a separate legal entity and there are proper firewalls in place between them. In order for accredited CME provider to be independent from an ineligible sister company, the CME provider must:
- Not be owned or controlled by an ineligible company;
- Have separate management;
- Be the employer of record;
- Have a governance structure which is separate from the governance structure of the ineligible company; and
- Receive any funds from an ineligible company only as commercial support or as payment for allowing associated commercial promotion with a CME activity.