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Physician Payments Sunshine Act Review Process Ends on August 27

A Health Care Client Alert

By: Brandon M. Dalziel


The Physician Payments Sunshine Act (part of the Affordable Care Act) requires manufacturers of covered drugs, devices, biologicals, and medical supplies to report payments or other transfers of value they make to physicians and teaching hospitals.  One of the goals of the program is to provide patients and the public with information on the financial interactions of physicians and industry. The program is also known as the Open Payments Program.

The Centers for Medicare & Medicaid Services (CMS) will publish the reports it receives from manufacturers. False information in a report could be detrimental to a physician.   Physicians and teaching hospitals have the right to review and challenge reports that are false, inaccurate, or misleading. The Open Payments review and dispute process began on July 14 and ends August 27, 2014. The review, dispute and correction process allows physicians and teaching hospitals to review and initiate any disputes regarding the data reported about them by applicable manufacturers. CMS makes the information public on September 30, 2014.

CMS also recently updated the Open Payments User Guide to provide industry, physicians, and teaching hospitals with a comprehensive understanding of the Open Payments system and requirements.

Bodman can provide practical guidance on this matter and others and help your organization review and develop policies and procedures that meet your needs. If you would like to discuss these or any other legal issues affecting your organization, please contact the chair of our Healthcare Law Group, Bill Shipman, at (313) 393-7562 or wshipman@bodmanlaw.com.


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