Open Payments 2.0 – Big Changes Are Forecast

Key Messages  Tucked into the latest opioid law are changes to the Sunshine Act. Beginning in 2022, drug and device companies now must report transfers of value to advance practice nurses and physician assistants. CMS also awarded a contract to analyze Open Payments data over the next five years. All drug and device should review both their Sunshine Act systems AND their reported payments BEFORE CMS comes knocking at the…

A Cloudy Future for the Sunshine Act

The due date for posting another year’s worth of Physician Payment  Sunshine Act (a.k.a. Open Payments) data is fast approaching.  But the future for the Sunshine Act is cloudy.  A new Republican President combined with a recent academic study cast doubt on the Act’s future. Sunshine & the Affordable Care Act The Sunshine Act is part of the Affordable Care Act (“ACA”). Repealing the ACA is the top priority for…

Transparency’s Uncertain Future

I just returned from speaking at CBI’s 10th Annual Forum on Transparency and Aggregate Spend.  After 10 years and 3 CMS Open Payments reporting cycles, I’m struck by how uncertain the once bright future of the Sunshine Act is.  Overall, the industry remains mired in a transactional mud under increasingly gray skies. Too many companies still obsess about putting the right transaction (or transfer of value or (ToV)) into the right…

Enforcing Sunshine

As noted in a recent article from Policy and Medicine, we have now received our first definitive indication that the OIG and CMS are moving to enforce the Sunshine Act reporting requirements.  According to Mary Riordan, senior counsel at the Health and Human Services’ Office of Inspector General, life sciences companies can expect to see enforcement actions beginning next year.  Speaking at the Pharmaceutical Compliance Congress and Best Practices Forum in October,…

Sunshine hits the UK National Health Service

As we’ve been noting for some time now, transparency efforts in the life sciences industry are here to stay.   Within the last 48 hours, the UK has stepped up the game by announcing new rules for National Health Service (NHS) hospitals and General Practitioner groups (Policy & Medicine, Daily Mail).   The so-called “Sunshine rule” will be introduced next year, and will require NHS organizations to maintain a list…