Category Archives: Open Payments

21st Century Cures Update – Includes Exemption for Education in Open Payments

When lawmakers head back to Washington, D.C. this week, one of the votes they have ahead of themselves is the 21st Century Cures bill, legislation that is intended to spur the development of new medical treatments. The bill was updated the Friday after Thanksgiving, leaving many of the provisions of previous versions intact, but also […]

Over 100 Physician Organizations Back H.R. 293 To Exempt from Sunshine Reporting Education Materials and Independent CME

  Over 100 physician organizations have written to Rep. Michael Burgess (R-TX) and Rep. Peter DeFazio (D-OR) expressing their “strong support” for H.R. 293, a bill that would clarify that certain applicable manufacturer transfers of value to support independent medical educational programs and materials are exempt from reporting under the Physician Payments Sunshine Act. Download […]

“Encouraging Continuing Medical Education For Physicians” Incorporated Into Newly Updated 21st Century Cures Discussion Draft

Notable updates to January’s Draft include bipartisan concessions: New provisions to increase NIH funding; removal of provisions for increased exclusivity periods.    Today, the House Energy and Commerce Committee released an updated discussion draft of 21st Century Cures legislation (view the legislative text, whittled from 400 pages to 199 pages since January); a section-by-section explainer; and a 1-page summary). “The […]

Physician Payment Sunshine Act: Council of Medical Specialty Societies Urges CMS To “Promptly Issue Revised Guidance” on CME Exemption FAQs and Website Q&As

Last month, the Centers for Medicare and Medicaid Services (CMS) issued three FAQs and a page of website guidance to supplement their recent decision to remove the continuing medical education (CME) exemption from the Physician Payments Sunshine Act. Unfortunately this guidance adds significant confusion by contradicting CMS’s own rationale for their revision to the Final […]

Physician Payments Sunshine Act: CMS Releases Continuing Medical Education FAQs, Interpretations Appear Inconsistent With Final Regulations and CMS’s Own Statements In the Final Rule

  Yesterday, the Centers for Medicare and Medicaid Services (CMS) issued three FAQs and an example grid to supplement their recent revision to the Physician Payments Sunshine Act continuing medical education (CME) exemption. Instead of clarifying the new Rule, however, this latest round of sub-regulatory guidance—which was not subject to notice or comment—actually confuses and […]

Physician Payments Sunshine Act: Rep. Burgess Addresses New Bill to Exempt Medical Texts and CME at Committee Meeting

 At a recent meeting in Washington, D.C., Rep. Michael Burgess, M.D. (R-TX) spoke to the importance of H.R. 5539, bipartisan legislation he co-sponsored that would exempt peer-reviewed medical journal reprints and independent continuing medical education from Sunshine Act reporting. Burgess serves as Vice Chairman of the Subcommittee on Health in the Energy and Commerce Committee, […]

Physician Payments Sunshine Act: Organizations Respond to CMS

  September 2nd marked the last day for comments on CMS’ proposed rule to eliminate the accredited continuing medical education (CME) exemption from Sunshine Act reporting.  In an overwhelming display of support for the exemption, over 800 comments were submitted encouraging the agency to either maintain or expand the current exclusion. -Total comments supporting maintenance […]

Physician Payments Sunshine Act: CME Coalition Urges CMS To Reconsider Eliminating the CME Exemption

  The CME Coalition has submitted their comment voicing serious concerns over CMS’s proposal to eliminate the CME exemption from Sunshine Act reporting. The Coalition notes that, as written, the proposed changes will have a detrimental effect on the professional training of medical professionals, and ultimately, on patient outcomes. The comment proposes a manner of […]

Physician Payment Sunshine Act: AAFP Raises Concerns with CMS Proposal to Remove Accredited CME Exclusion

  The American Academy of Family Physicians (AAFP) “strongly disagrees” with the Centers for Medicare and Medicaid Services (CMS) proposal to eliminate the continuing medical education exemption from the Sunshine Act. AAFP, which represents 115,900 family physicians and medical students across the country, wrote to CMS to outline their concerns that the proposal would create “an […]

Physician Payments Sunshine Act: CMS Proposes Removing CME Exemption, Some Speaker Pay May Still Fall Under “Indirect Payment” Exclusion

  The evening before the Fourth of July holiday weekend, the Centers for Medicare and Medicaid Services (CMS) released the CY 2015 Medicare Physician Fee Schedule proposed rule. The 609-page document proposes a number of changes to the Physician Payments Sunshine Act, including deleting the specific exemption for payments made to speakers at accredited continuing […]

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