The data collected under the Physician Payments Sunshine Act (“Sunshine Act”) will be made public on September 30, 2014. You have the right to review you reports beginning in mid-July and dispute any that are false, inaccurate, or misleading before they are made public. Get registered and check your individual report for any inaccuracies before the reports are made public!
Be sure you retain your records of items of value received from pharmaceutical companies and device manufacturers in case you need to challenge any reports. CME events, product samples intended for patients, and educational materials that directly benefit patients should not be included in the reports.
Physicians and teaching hospitals must complete a two-step registration process in order to access and review the reports:
Step 1: Complete Enterprise Identity Management (EIDM) registration and request access to Open Payments system (this can be done now)
Step 2: Register in the Open Payments system and review and possibly dispute data (this will be available mid-July)
Once you are granted access to the online portal system, you may access your individual consolidated industry reports. The portal allows you 45 days to contact the manufacturer(s) that submitted incorrect, misleading, or false information in order to resolve the dispute. If you and the manufacturer(s) cannot resolve the dispute, an additional 15 days will be granted to resolve the dispute. If no resolution occurs, the disputed information will be flagged; however, it will be posted on CMS’s public webpage. You will be able to seek correction or contest reports (even after they are made public) for two years once the physician is granted access to the portal.
The Sunshine Act requires manufacturers of covered drugs, medical device, and biologicals that participate in U.S. federal health care programs to report payments and items of value given to physicians and teaching hospitals. Manufacturers began collecting and tracking these payments August 1, 2013. More information on the program and the registration steps can be found on the CMS website
. Additional information can be found on the American Medical Association’s Sunshine Act