The Physician Payment Sunshine Act (OPEN PAYMENTS), section 6002 of the Affordable Care Act, requires drug, medical device, biological, and medical supply manufacturers to publicly report to CMS payments and other transfers of value made to physicians, including podiatrists.
“Educational materials that directly benefit patients or are intended for patient use” given to physicians by manufacturers are exempted from reporting requirements.
CMS interpreted this exemption not to include medical textbooks, reprints of peer-reviewed scientific clinical journal articles, and abstracts of these articles, explaining that they are “not directly beneficial to patients, nor are they intended for patient use.”
APMA and other physician organizations signed a letter opposing CMS’ interpretation, because the most current, peer-reviewed scientific information is required for physicians to be informed about the latest in medical practice and patient care.
Medical textbooks, journal articles, and related educational materials given to physicians by manufacturers should not be reported under the Sunshine Act as they improve medical care provided to patients.
Though not addressed in this letter, APMA also strongly opposes the omission of CPME from an OPEN PAYMENTS reporting exemption regulation and has been working tirelessly to address this omission.
To learn more about the ACA and the Sunshine Act, visit APMA’s Health-Care Reform page.