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Physician Payments Sunshine Act Effective August 1

Tuesday, August 13, 2013   (0 Comments)
Posted by: Bernadette Rensing
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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 Contact Information

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.

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