A blog by attorneys for anyone interested in or affected by The Sunshine Act.

Industry Phase 2 Registration and Data Submission Starts June 1, 2014

May 23, 2014
Ruselle W. Robinson

CMS has announced that Industry’s Phase 2 registration and data submission will start June 1, 2014 and run through June 30, 2014. The term “Industry” includes applicable manufacturers and applicable group purchasing organizations (GPOs).

Phase 2 will be a two-step process. Step 1 runs June 1–June 30, 2014 , and Step 2 runs June 9–June 30, 2014. 

Step 1: June 1 through June 30 

Applicable manufacturers and applicable GPOs will be required to:

  • Complete Sunshine Act/Open Payments registration for the authorized official submitting the report and the reporting entity
  • Confirm the accuracy of the reporting entity profile submitted for Phase 1
  • Delegate roles and responsibilities by nominating system users to fill specific user roles

CMS recommends that the designated system users then should:

  • Perform test uploads and submit data files to validate the file structure and contents of the file
  • Utilize the error report produced by the Sunshine Act/Open Payments system to fix data errors in the submitted files

System users can move to Step 2 once the test data files have been successfully uploaded and validated.

Step 2: June 9 through June 30

  • Submitters of data to perform final data submission (which includes a series of checks to match the reported data to the appropriate physicians and teaching hospitals)
  • Attesters to attest to accuracy of the submitted 2013 data, including payment data, transfers of value, and ownership /investment interest data         


You can read more about Phase 2 at this CMS link:https://www.cms.gov/Regulations-and-Guidance/Legislation/National-Physician-Payment-Transparency-Program/Downloads/Phase-2-Instructions-Document-%5bMay-2014%5d.pdf 

On a related note, CMS will not enforce penalties for non-compliance with 2013 reporting requirements until after the close of Phase 2. 

CMS reports that the current phased approach for Industry’s registration and data submission will be for 2013 data only (collected from August 1, 2013 through December 31, 2013). CMS will announce a new process for Industry’s submission of 2014 data.

Finally, CMS intends to provide further information on the dispute and resolution process shortly. Dispute and resolution will begin later in the summer after the close of Industry’s Phase 2 registration and data submission. Remember that CMS is collecting comments on the dispute and resolution process through June 2, 2014. See my post of May 8, 2014 for additional information if you are interested in submitting comments to CMS.

I will, of course, provide an update on dispute and resolution as soon as CMS releases additional information on the process.


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