On August 2, 2016, CMS is hosting a Special Open Door Forum Call on potential future changes to Open Payments/Physician Payments Sunshine Act requirements for reporting payments and transfers of value made by drug and device manufacturers and group purchasing organization (GPOs) to physicians and teaching hospitals, as well as physician ownership information.
Specifically, the proposed Medicare physician fee schedule rule for calendar year 2017 invites public feedback on a long list of questions regarding the scope and method of reporting information under the Open Payments program. A number of the questions suggest that CMS is considering increasing the tracking and reporting burden on manufacturers, such as by establishing more detailed categories to describe research payments. CMS also is contemplating whether to require applicable manufacturers to register annually regardless of whether they actually have payments or ownership information to report. In addition, CMS is soliciting feedback on whether applicable manufacturers should be required to “pre-vet” payment information with covered recipients and physician owners or investors before reporting to the Open Payments system. Note that CMS is not proposing specific changes to the reporting obligations at this time; any new reporting requirements will be made through additional rulemaking or public notice.