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CMS Proposes Changes to Open Payments

CMS released the 2015 Medicare Physician Fee Schedule Proposed Rule on July 3rd, which included the following proposed changes to Open Payments’ regulations:

  • Deleting the definition of “covered device” as duplicative of the definition of “covered drug, device, biological or medical supply”
     
  • Deleting the reporting exclusion for payments made to speakers at accredited continuing medical education events when certain requirements are met. Although CMS is deleting this express exclusion, it notes that such payments may still be excluded generally from reporting under the separate exclusion for indirect payments, which applies in those instances in which the applicable manufacturer is unaware of the identity of the covered recipient. In other words, the practical impact of this change may not be significant in the long run.
     
  • Requiring the reporting of the marketed name of the drug, device, biological, or medical supply related to the payment being reported. Previously, CMS finalized that for drugs and biologicals, manufacturers must report the market name of a related product, but that for devices and medial supplies, manufacturers could report either the name under which the product is marketed or the general therapeutic area or product category associated with the device or medical supply.
     
  • Requiring manufacturers to report stocks, stock options or any other ownership interest as distinct categories.


The proposed rule has been published to the Federal Register and comments are due to CMS by September 2, 2014.

To learn more about the Sunshine Act, read Vahan Minassian's article, Sunshine Act and Beyond: Improving Compliance

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