As of August 1, manufacturers are required to start tracking
meals, faculty payments, certain educational events, grants and other
transfers of value provided to physicians and teaching hospitals under the
Physician Payments Sunshine Act (PPSA) and the regulations issued by the Centers for Medicare and
Medicaid Services (CMS). Manufacturers and Group Purchasing
Organizations (GPOs) will also separately report physicians' and immediate
family members' ownership and investment interests. CMS will publish these
reports on the public OPEN PAYMENTS website.
With only a week before
reporting begins, physicians, teaching hospitals and medical societies should
educate themselves and their members on the PPSA and implement
self-tracking. While physicians are not required to do anything by law,
their names will be posted ona public website, so it is advisable for
physicians to track payments on their own to challenge and resolve
disputes over manufacturer-reported data during the limited review period
provided by the PPSA rules.
CMS recently issued the OPEN PAYMENTS Apps for iPhone and
Android to facilitate internal tracking by physicians and manufacturers.
Through these Apps, physicians will track and retain transfers of value in
real-time and share information with manufacturers directly. These Apps will
ease some of the burdens associated with the new rule and minimize disputes.
Proactive tracking of manufacturer and GPO relationships will enable
physicians to respond quickly to erroneous reports that could implicate their
professional reputation and livelihood.
Additionally, CMS recently
issued a request for comments on the burden estimates associated with the
PPSA. While this solicitation of comments is directed at the administrative
impact of the PPSA, rather than the substantive rule itself, physicians and
societies may want to submit comments that highlight the significant burdens
physicians face under the new rule. Comments are due September 20.
Detailed Memorandum and
For more detailed information
on the PPSA requirements, please see our memorandum. Please contact Rob Portman at
202-872-6756 or Johanna Michaels Kreisel at 202-349-4241 for additional
information. This summary and analysis is provided for informational purposes
only and does not constitute and should not be treated as legal advice.