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Sunshine Act: CMS Open Payments Program Requirements

Sunshine Act

The “Sunshine Act,” a provision of the Affordable Care Act, requires that manufacturers of drugs, medical devices and biologics collect information about payments to teaching hospitals and physicians who are licensed in any state in the United States, and report them to CMS.

The “Sunshine Act” has implications for those who receive “transfers of value” from industry, including some meals at educational events that are supported by industry, as well as consulting fees, honoraria, and/or other compensation.

During the months of August 1, 2013 through December 31, 2013, industry collected data on gifts or other transfers of value to physicians, and reported these to CMS.  Thereafter, data will be updated regularly.

Important Dates for 2013 Reporting Year

  • August 1, 2013 – December 31, 2013 – Industry collected data on gifts or other transfers of value to physicians.
  • June 1, 2014: CMS launched an online physician registration site, where industry reports, updates and notifications are available for each physician to review. Registration is voluntary, but required if you wish to review and dispute any data reported.
  • July/August 2014:  Physicians who have opted to register with CMS will be notified of any gifts or other transfers of value reported by industry in their name, and will have 45 days to challenge inaccurate reports.
  • September 2014:  The CMS database will be available for public review.