Sunshine Act 2014 Flashcards
Medical device and pharmaceutical companies are required to report: (2)
- payments or other transfers of value
2. recipients
What bill mandates that information be publicly available about physician (or immediate family members of a physician) ownership or investment interests in applicable manufacturers and group purchasing organizations (GPOs).
Section 6002 of the Affordable Care Act
Payments and transfers of value under the Sunshine Act, the following 4 bits of information must be reported:
- physician’s name and address
- amount and date of the payment
- form of the payment, such as cash or stocks
- nature of the payment, such as consulting fees, gifts, or entertainment expenses
On which date will information become publicly available
Sept 30, 2014
14 exceptions to the rule or reporting.
- “in-kind” items for charity
- mutual funds?
- self-insured plans
- non-medical professional services.
- civil or criminal action or an administrative proceeding.
- value $100 in a calendar year
- Certified CME
- buffet, snacks, soft drinks or coffee available to large scale conference
- Product samples not intended to be sold and are intended for patient use.
- educational materials that directly benefit patient care. textbooks not excluded.
- loan of a medical device for trial period <90 days
- contractual items including replacement of a covered device.
- when physician is a patient
- discounts
Manufacturer reporting categories: (14)
- Consulting fees
- Compensation for services other than consulting
- Honoraria
- Gift
- Entertainment
- Food
- Travel
- Education
- Research
- Charitable contribution
- Royalty or license
- Current or prospective ownership or investment interest
- Direct compensation for serving as faculty or as a speaker for a medical education program
- Grant
Physicians have ____ days once CMS provides access to individual physicians’ consolidated industry reports via online portal to challenge reports
45 days
portal will allow physicians to contact the manufacturer/GPOs that submitted inaccurate, misleading, falst information in order to resolve disputed submissions
If physician/manufacturer cannot resolve dispute, additional ____ days provided before report is made public
15 days
If still not reached, info will be flagged but report will be posted on public webpage CMS develops
Physicians are able to seek correction or contest reports for _____ after access has been provided to a report with dispute info
2 years