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Welcome to the firm's blog, which will contain postings regarding key developments in the law, articles on various issues and notices about upcoming firm events.

Physicians - Are You Ready to Let the Sunshine In?

As physicians may be aware, the Physician Payments Sunshine Act (OPEN PAYMENTS) has gone into effect.  While physicians and practice groups do not have reporting requirements themselves, manufacturers of drugs, devices, biologicals, and medical supplies must report all "payments" and "transfers of value" made to physicians to CMS (the Center for Medicare & Medicaid Services). 


However, what many physicians do not realize is the breadth of the scope of the types of payments and transfers of value that will be reported and how much identifying information about the physician will be included.   


The following is a chart that broadly identifies the breadth of the payment and transfer of value information that will be collected and reported by manufacturers:

      

        Payments

      

       Transfers of Value

  • Consulting fees
  • Advisor compensation
  • All phases of Research & Research Collaborations
  • Clinical Trials
  • Speaker Fees
  • Expert Science Panels
  • Room Rental Fees
  • Grants
  • Charitable Contributions
  • Meals
  • Travel, lodging and other reimbursable expenses
  • Journal Reprints
  • In-kind Services, such as Publication Support
  • Study drug and Supplies for Research
  • Anything that could be construed as an item of value

 

Manufacturers were required to collect the covered data commencing on August 1, 2013, and report the collected data through December 31st to CMS by March 31, 2014.  CMS will publish the reported data on a publicly available website by September 30th of this year. 


Among other implications, this will enable all patients to easily identify whether their physicians are receiving compensation from pharmaceutical companies, and if so, how much and from whom.  It is possible for physicians to dispute the data reported, but it is a time-limited right to dispute so it will be important for physicians and physician practices to have internal processes in place to monitor and dispute the OPEN PAYMENTS data.


Are you ready?

 

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