and other health care providers, including dentists, may now review data
submitted to the Centers for Medicare and Medicaid Services (CMS) under the
Open Payments program, previously known as the Sunshine Act.
provision of the Affordable Care Act (ACA) requires manufacturers and group
purchasing organizations of drugs, devices, biologics and medical supplies
covered by Medicare, Medicaid and the Children’s Health Insurance Program
(CHIP) to disclose payments made to physicians, dentists and teaching hospitals
among other recipients. The purpose of the rule is to establish transparency to prevent conflicts of
interest that may influence research, education or clinical decision-making.
of last month, CMS invited recipients of such payments to register with the CMS Enterprise Portal to
review data submitted on payments made to them by drug and device
manufacturers. A user guide is available to walk site users
through the process.
establishes a 45-day review window to access the data and dispute
entries. If disputes are not resolved, CMS will mark those entries as
disputed in the resulting database, which will become available to the public
by the end of September. Allied health associations have expressed concern that
the process for resolving and reporting disputes may jeopardize the accuracy of
the database and lead to serious consequences for the parties involved.