Norton Rose Fulbright: CMS Offers New Resources and Guidance on 2-Phase Approach to Sunshine Act Reporting

Norton Rose Fulbright: CMS Offers New Resources and Guidance on 2-Phase Approach to Sunshine Act Reporting

By: Benjamin Koplin, Selina Coleman and R. Jeffrey Layne

The Centers for Medicare & Medicaid Services (CMS) has posted new resources to its "Open Payments" website to clarify its recently announced two-stage approach to registration and data submission.  These resources include:

CMS has promised to provide specific information about the dates for Phase 2 registration and data submission, as well as when registration and review/correction will open for physicians and teaching hospitals (which CMS says will be no later than August 1, 2014).  In the meantime, CMS on Feb. 25 held a webinar about Phase 1 submission, which it plans to post online here

During the webinar, CMS addressed questions and clarified key points, such as that (1) the aggregate data submitted in Phase 1 does not need to be the same as the total of the detailed payments submitted in Phase 2 (CMS acknowledged that manufacturers may not have yet completed tallying reportable payments), and (2) consolidated reports are not accepted in Phase 1; instead, each entity must register and report separately.  CMS also stated – consistent with past Sunshine Act Task Force analysis – that any payments to physicians practicing abroad, if they have an active US state license, are reportable. 

CMS has also reiterated, as previously announced, that it will not enforce penalties for reporting non-compliance until after the close of Phase 2 registration and data submission. 

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