Know, Prepare and Comply with the Sunshine Act Phase 2. John A. Murphy, III, Assistant General Counsel PhRMA August 26, 2014

Similar documents
The Physician Payments Sunshine Law and you: Building stronger industry - physician interactions

MEMORANDUM. Bob Saner, MGMA Washington Counsel and Johanna Michaels Kreisel, Attorneys in the Powers Law Firm

FOR PHYSICIANS. CMS will collect the data annually, aggregate it, and publish it on a public website.

FACT SHEET. The Physician Payments Sunshine Act: CMS Proposed Rule

Shedding Light on the Sunshine Act

PHYSICIAN PAYMENTS SUNSHINE ACT (OPEN PAYMENTS) Mary Evelyn Armstrong MA, CRA Conflict of Interest Officer

Web Seminar. Physician Payments in the "Sunshine": Implications of CMS Regulations for Business and the Future of American Health Care.

Title Final Sunshine Act Arrives: Now the Hard Part

Frequently Asked Questions (FAQs) regarding the. National Physician Payment Transparency Program (Open Payments)

CMS ISSUES FINAL RULE FOR IMPLEMENTING SUNSHINE ACT. Executive Summary

The Physician Payment Sunshine Act Final Rule A Summary Of Key Provisions

HCCA CLINICAL PRACTICE COMPLIANCE CONFERENCE

Physician Payment Sunshine Provisions in Healthcare Reform Prepared by AAMC Government Relations Revised May 28, 2010

Open Payments Law Overview. University of Alabama at Birmingham University Compliance Office

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) OPEN PAYMENT FREQUENTLY ASKED QUESTIONS (FAQ) TRACKER. June attorney advertisement

Physician Payment Sunshine Provisions of the Affordable Care Act Comparison of the Key Provisions Proposed and Final Rule Arnold & Porter LLP

Understanding the Forces Driving Disclosure

Association of Corporate Counsel January 2012 Teleconference CMS Finally Issues Proposed Sunshine Act Regulations

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) OPEN PAYMENT FREQUENTLY ASKED QUESTIONS (FAQ) TRACKER

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) OPEN PAYMENT FREQUENTLY ASKED QUESTIONS (FAQ) TRACKER

KEY CHANGES IN THE FINAL PHYSICIAN PAYMENT SUNSHINE ACT REGULATIONS. Association of Corporate Counsel Legal Quick Hit May 30, 2013.

Physician Payments Sunshine Act Final Rule ACA Section 6002

Frequently Asked Questions

Physician Payment Transparency Provisions of the Affordable Care Act Sunshine 101

SIDE-BY-SIDE OF THE PHYSICIAN PAYMENTS SUNSHINE ACT

Physician Payments Sunshine Act Proposed Rule Published

Latham & Watkins Corporate and Litigation Departments. CMS Issues Proposed Regulations Interpreting the Physician Payment Sunshine Act

Transparency reports (Sunshine Act)

Shedding Light on the U.S. and French Sunshine Laws

Client Alert. CMS Announces Final Regulations Interpreting the Physician Payment Sunshine Act. A. Definitions and Exclusions

Open Payments An Explanation of Section 6002 of the Affordable Care Act

Bill Moran and Betta Sherman

Is the Sunshine Act the. support? John P. Gonzalez Director of Publications Policy AstraZeneca

Continuing Medical Education (CME) Programs: Compliance Guide for Sunshine Rule

Welcome to the Lex Mundi Learning Network. Understanding the New U.S. Sunshine Act and Its Impact on Health Care Providers and Industry

AHLA. LL. Out in the Sunshine How to Protect Yourself

Section 6004: Prescription Drug Sample Transparency. Section 6005: Pharmacy Benefit Managers Transparency Requirements

The Sunshine Act: Where it stands, where it s going and compliance implementation

Physician Payments Sunshine Provisions in Healthcare Reform Tracking and Monitoring Spending on Healthcare Professionals and Organizations

Patient Protection and Affordable Care Act (P.L ) Titles VI through X

Do Start Believin': The Life Sciences Industry's Journey to Global Transparency

University of Mississippi Medical Center Interactions with Industry Representatives

Industry Funding of Continuing Medical Education

Gifts to Referral Sources. Kim C. Stanger (11-17)

Reporting of In-direct Transfers of Value

PHYSICIAN PAYMENT SUNSHINE ACT Physician Financial Transparency Reports OVERVIEW FOR OPHTHALMOLOGY

Government, Industry and Health Profession Compliance Guidance: Welcome to the Era of Ethics and Transparency

Sunshine and Aggregate Spend

Pharmaceutical Compliance Congress: State of the States

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

The 340B Program: Challenges and Opportunities

ONTARIO REGULATION to be made under the

STATE TRANSPARENCY AND GIFT BAN STATUTES

Employees may incur and/or submit for reimbursement only those business expenses that are consistent with Cardinal Health policy.

College of Medicine Policy on Pharmaceutical, Medical Device, and Biotechnology. (1) Definitions. The following definitions apply to this regulation:

The Life Sciences Report

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

P harmaceutical and medical device manufacturers

Contracting With Research Sites And Investigators: A Fraud And Abuse Primer

VENDOR PROGRAM. Vendors must complete the Vendor Screening and Disclosure Form as follows: *must be completed prior to any signed purchase order

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

MMA Mandate: Medicare Contract Reform

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

ANCILLARY services: How to Stay Out of Trouble. The neurosurgical minefield Informed consent

Creation Date: 7/1/01 Title: Conflict of Interest Revision History:

RE: 340B Civil Monetary Penalties for Manufacturers and Ceiling Price Regulations (RIN AA89)

Ministry of Health and Long-Term Care Proposed new regulation made under the Health Sector Payment Transparency Act, 2017

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

Health Law 101: Issue-Spotting In Dealing With Health-Care Providers. by William H. Hall Jr.

Physician-Vendor Relationship Compliance: Minimizing False Claims, Anti-Kickback Risks

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

Fifth Annual National Congress on Health Care Compliance. Pharmaceutical Sales and Marketing: Are You Afraid to Look Under the Rocks?

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

Policy Number: Location: Origination Date: Date of Last Review: Baylor Research Institute 8/24/2012 7/11/2012

Graduate Medical Education Medical Industry Interaction Policy and Procedure. December 18, 2008

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

FREQUENTLY ASKED QUESTIONS SUNSHINE ACT

International Health Care Business Integrity for Third Party Intermediaries

FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST IN CLINICAL RESEARCH

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

The Effect of the Sunshine Act on Industry Payments to Physicians in Orthopedic Surgery and Other Surgical Specialties

CONFLICTS OF INTEREST 2011 ANNUAL DISCLOSURE QUESTIONNAIRE

UNDERSTANDING AND WORKING WITH THE LATEST STARK LAW DEVELOPMENTS

State Laws: Preemption, Enforcement, and Continued Requirements

Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

Conflicts of Interest

HONORARIA POLICY AND PROCEDURE

Medicaid Program; Covered Outpatient Drugs; Proposed Rule (CMS-2345-P) NHIA Summary

Columbia University MORNINGSIDE ANNUAL CONFLICT OF INTEREST DISCLOSURE STATEMENT

FINANCIAL CONFLICT OF INTEREST POLICY

Healthcare Law Compliance Policies

AstraZeneca AB Södertälje. Reporting of Transfers of Value to HCPs and HCOs Methodological Note for Reporting of 2017 Data in 2018

FREQUENTLY ASKED QUESTIONS SUNSHINE ACT

FAQ Results. Date: 2/24/2010. Send To Printer. Question #8663: Are service fees included in the Average Sale Price (ASP) calculation?

Manufacturer Patient Support Initiatives: Current Practices and Recent Challenges. Andrew Ruskin Morgan Lewis

European Board for Accreditation in Hematology Standards & Guidelines

What is the 340B Program?

Conflict of Interest Policy. Approved August 2012 Mayo Clinic Board of Governors

Transcription:

Know, Prepare and Comply with the Sunshine Act Phase 2 John A. Murphy, III, Assistant General Counsel PhRMA August 26, 2014

Sponsored by: HCIdea provides the most accurate Physician data (NPIs and State Licenses) to manufactures and GPOs to assist them in staying compliant with the Sunshine Act Learn more at hcidea.ncpdp.org RxReconn allows you to stay up-to-date on State and Federal legislation and regulation activity, such as the Sunshine Act, that impacts your organization Learn more at http://ncpdp.org/products/rxreconn

Sunshine Act Background

Background Physician Payments Sunshine Act ( Sunshine Act ) enacted as part of Patient Protection and Affordable Care Act of 2010 Reflects ever-increasing trend toward requirements of greater transparency in industry-physician interactions Objective to provide public and government enforcement officials with more information regarding potential conflicts of interest that could affect treatment decisions

Sunshine Act Overview Applicable manufacturers and group purchasing organizations (GPOs) must report any payments or transfers of value made to covered recipients (i.e., physicians and teaching hospitals) CMS is responsible for implementation and administration of the National Physician Payment Transparency Program ( Open Payments Program ) Publication of first set of data expected in September 2014 APPLICABLE MANUFACTURER PAYMENTS MADE TO MUST BE REPORTED TO COVERED RECIPIENTS

What will be reported? Payments or transfers of value must be reported as falling into one of the following categories: Consulting fees Compensation for services other than consulting, including serving as faculty or speaker at event other than continuing education program Honoraria Gifts Entertainment Food and beverages Travel and lodging Education Research Charitable contributions Royalties or licenses Current or prospective ownership or investment interests Compensation for serving as faculty or as a speaker for an unaccredited and non-certified continuing education program Compensation for serving as faculty or as a speaker for an accredited or certified continuing education program Grants Space rental or facility fees (teaching hospital only)

What is exempt? The following categories of payments or transfers of value do NOT need to be reported: Any payment/transfer of value less than $10, BUT if cumulative greater than $100/year then reportable Accredited CME ACCME, AOA, AMA, AAFP or ADA CERP Product samples Educational materials for patients Buffet meals in conference setting Discounts (including rebates) In-kind items used for charity care Payments for employees in self-insured plan Payments/transfers of value to non-physicians (e.g., nurse) Transfer of anything of value to patients

Reporting Requirements for Accredited and Industry- Sponsored Continuing Medical Education Payments or transfers of value related to CME are not required to be reported if CME program: Is accredited i.e., meets accreditation or certificated requirements of ACCME, AOA, AMA, AAFP, or ADA CERP Applicable manufacturer does not select covered recipient speaker or does not provide third party vendor with distinct, identifiable set of individuals to be considered as speakers, and Applicable manufacturer does not directly pay covered recipient Payments or transfers of value related to CME are reportable if: Program is non-accredited Applicable manufacturer either selects covered recipient speaker or provides third party vendor with a distinct, identifiable set of individuals to be considered as speakers, or Applicable manufacturer directly pays the covered recipient speaker *Note: CMS has indicated that if applicable manufacturer that provides funding for CME even suggests speakers, this may constitute directing or targeting funding to those speakers

Reporting of Indirect Payments Indirect payments are payments or other transfers of value made by applicable manufacturer... to covered recipient... through third party, where applicable manufacturer... requires, instructs or directs, or otherwise causes third party to provide payment or transfer of value, in whole or in part, to covered recipient (42 C.F.R. 403.902) Reporting not required when (1) payment qualifies as indirect payment, and(2) applicable manufacturer is unaware of identity of covered recipient Manufacturer must have no actual knowledge of recipient s identity Manufacturer cannot act in deliberate ignorance or reckless disregard of recipient s identity Six months into next reporting year, manufacturer no longer has duty to identify potential covered recipients

Updates

Status of Sunshine Act Reporting for 2013 Data scheduled to made public on September 30 th Applicable manufacturers were required to submit detailed ( Phase Two ) data by June 30 th Due to technical glitches with the registration and data submission websites, deadline was effectively extended to July 7 th Time period for physician registration, review, and dispute resolution currently underway Manufacturers will have an additional 15 days for dispute resolution and re-submission of data to CMS Disputed data which is not resolved by the end of the 15-day period will be published on September 30 th, but marked as disputed

CMS Proposed Revision to CME Exemption CMS proposes to remove regulatory provision that provides CME exemption CMS rationales for change are: (i) exemption is redundant of separate provision that excludes reporting of indirect payments, and (ii) exemption for five accredited organizations amounted to endorsement of them, without regard to whether other organizations use same or similar accreditation standards PhRMA is evaluating proposed rule and potential comments

Letter to CMS Regarding Outstanding Issues PhRMA hosted roundtable with medical societies and others on June 3 rd to discuss issues of common concern related to Sunshine Act implementation Outcome was mutual interest in joint letter to CMS regarding three outstanding issues: Provision of educational context upon publication of Sunshine Act data Importance of continued outreach by CMS to physician community regarding nature of Sunshine Act reporting Undue burden of registration in CMS enterprise portal 26 Physician/Patient Groups Joined the Letter Goal is to send to CMS by week s end and raise public awareness of these issues in the coming weeks

Significant Reporting Changes On August 15 th CMS announced that roughly 1/3 of all reported data was being removed from the site CMS indicated this was due to reporting errors by manufacturers It remains unclear how this will impact the September 30 th report It remains equally unclear how this will impact physicians and other healthcare professionals

Questions?

Resources CMS website: http://www.cms.gov/regulations-and- Guidance/Legislation/National-Physician-Payment- Transparency-Program/index.html Partners for Healthy Dialogues: www.healthydialogues.org PhRMA Principles and Guidelines: http://www.phrma.org/principles-and-guidelines If you have additional questions, please contact John Murphy at JMurphy@phrma.org

Who will report data? Applicable manufacturers that operate in U.S. (physical location or conduct activities in U.S.) and either: (1) produce, prepare, propagate, compound, or convert at least one covered product, or (2) operate under common ownership with applicable manufacturer and provide assistance or support to applicable manufacturer in manufacturing, marketing, promotion, sale or distribution of covered product Covered Product includes any drug, device, biological or medical supply that is eligible for payment by Medicare, Medicaid, or CHIP either individually or as part of bundled payment and requires prescription to be dispensed (drugs and biologics) or requires premarket approval by, or premarket notification to FDA (devices)

Audits and Penalties RECORDS AND AUDITS Applicable manufacturers advised to keep all records of payments/transfers of value for at least five years following publication on Open Payments website Applicable manufacturer may be audited for compliance with requirement to submit timely, accurate and complete data PENALTIES Civil monetary penalties (CMPs) may be imposed for failure to report information in timely, accurate or complete matter Failure to report each payment or other transfer of value, or ownership/investment interest in timely, accurate and complete manner may result in CMPs of at least $1,000, but no more than $10,000, with an annual max of $150,000 Knowing failure to report each payment or other transfer of value/ownership/investment interest may result in CMPs of at least $10,000 but no more than $100,000 with annual maximum of $1 million Total combined maximum annual penalty per reporting entity: $1.15 million Additional penalties potentially applicable under other laws