Reminder - Open Payments Data Publication
Reports about payments from industry to physicians and teaching hospitals will be made publicly available on the Centers for Medicare and Medicaid Services (CMS) Open Payments website on or by June 30, 2021. Post publication data review and dispute will take place until December 31, 2021. Physicians and teaching hospitals must register to review and dispute information reported about them to Open Payments.
Physician and Teaching Hospital Educational Resources (2021)
The Open Payments team in consultation with the AAMC's Forum on Conflict of Interest Steering Committee and AAMC staff, developed two educational resources for use at your institutions: one with information to educate physicians about the Open Payments program and another for authorized representatives of teaching hospitals. Resources also include information on the expanded definition of “Covered Recipient” under the 2018 SUPPORT Act. The Support Act enabled CMS to expand the definition to include five additional provider types: physician assistants, nurse practitioners, clinical nurse specialists, certified registered nurse anesthetists, and certified nurse-midwives. These changes apply to Open Payments data collected in calendar year 2021 and reported to CMS in 2022. Newly added Covered Recipients will be able to register in the Open Payments system by 2022.
Opportunity to Provide Feedback to AAMC on the Open Payments Program
The AAMC is currently working to identify ways in which the Open Payments program and website could be enhanced or modified and will share these suggestions with CMS. Please provide your feedback.
AAMC Comments on the 2020 Proposed Medicare Physician Fee Schedule Rule
On July 29, 2019, CMS released the 2020 Medicare Physician Fee Schedule Proposed Rule, which included several important changes as part of the annual changes to the Medicare Physician Fee Schedule and Quality Payment Program, including updates to the Open Payments Program (See Section III.F). These changes were intended "to limit burden in the Open Payments program reporting process and improve clarity for the public" (i.e., expanded definition of “Covered Recipient,” modification of the “Nature of Payment” categories, and standardization of data on reported covered drugs, devices, biologicals, or medical supplies.")
Read AAMC's response to the proposed rule (comments on the Open Payments program begin on page 15).
The CMS rule, "Transparency Reports and Reporting of Physician Ownership or Investment Interests" also known as the Physician Payments Sunshine Act, requires applicable manufacturers of drugs, devices, biologicals, or medical supplies to annually report to CMS certain payments or transfers of value made to physicians or teaching hospitals. It also requires manufacturers and group purchasing organizations to disclose physician ownership or investment interests.
Physicians and teaching hospitals have the opportunity to review and dispute the payments reported about them before the data are made publicly available on the CMS Open Payments website on or by June 30. In order to participate in the review and dispute process, registration in the Open Payments system is required (register here).
- Open Payments Program Year 2019 Data
- Open Payments Registration for Teaching Hospitals and Physicians (Registration is a two-step process: Step 1: Register in the Enterprise Identity Management System. Step 2: Register in the CMS Portal. Step 2 is required to see the publicly reported data. For Questions, contact the Open Payments Help Desk (1-855-326-8366)
- Resources for Covered Recipient (Registration, User Roles, Nominations, Review & Dispute)
- Open Payments User Guide for Covered Recipients - February 2021
- CY 2015 Physician Fee Schedule Proposed Rule (CMS proposed making four changes to the Sunshine Rule for calendar year 2015. See pages 40383-40385 for the Open Payments Program).
- Comment Request - Activities Relating to the Revision of Registration, Attestation, Dispute & Resolution Assumptions Document and Data Retention Requirements for Open Payments (May 2014)
- Federal Register Notice of the Final Rule, Transparency Reports and Reporting of Physician Ownership or Investment Interests (February 2013)
- Federal Register Notice of the Proposed Rule, Transparency Reports and Reporting of Physician Ownership or Investment Interests (December 2012)
- AAMC Letter in Response to the Medicare Program: CY 2020 Revisions to Payment Policies Under the Physician Fee Schedule (September 2019) (See page 15 for comments on the Open Payments Program)
- AAMC Letter to CMS Regarding Delays in the Open Payments Review and Dispute Process (August 2014)
- AAMC Letter in Response to the Comment Request - Activities Relating to the Revision of Registration, Attestation, Dispute & Resolution Assumptions Document and Data Retention Requirements (June 2014)
- AAMC Letter to CMS in Response to the Notice of Proposed Rulemaking (February 2012)