Physician Payment Sunshine Act

Background

The Physician Payments Sunshine Act (Sunshine Act), which is part of the Affordable Care Act (ACA), requires manufacturers of drugs, medical devices, and biologicals that participate in U.S. federal health care programs to report certain payments and items of value given to physicians and teaching hospitals. Manufacturers will submit the reports to the Centers for Medicare & Medicaid Services (CMS) on an annual basis. In addition, manufacturers and group purchasing organizations (GPOs) must report certain ownership interests held by physicians and their immediate family members. 



The majority of the information contained in the reports will be available on a public, searchable website. Physicians have the right to review their reports and to challenge those reports that are false, inaccurate, or misleading.

Significant Dates

TODAY until September 8, 2014:  Physicians must initiate disputes to have potential erroneous data flagged in the initial public release.  In order to initiate disputes, physicians must complete the CMS e-verification process and Open Payments Registration process (instructions provided below).

September 30, 2014:  CMS publishes majority of data including physician-specific information.

December 31, 2014:  Final day for physicians to initiate disputes of erroneous data from calendar year 2013 reported for transfers made and ownerships held.  If a physician waits until after data has been made public to initiate a dispute, the data will not be flagged as disputed in the public database until CMS updates the information.


 

Three-Step Verification and Registration Process To Review Data

 

Step 1:  Complete CMS e-verification process

CMS E-VERIFICATION PROCESS

CMS requires a two-phase registration process. In phase one, physicians are required to complete CMS' e-verification process via the CMS Enterprise Portal (EIDM).

Step 2: Register with CMS' Open Payments

Following the completion of Step 1 and gaining access via the EIDM, physicians can move onto phase two and register in CMS' Open Payments System. (Reference guide)

Step 3: Review and Dispute Data by September 8, 2014