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

Sunshine Act: New Developments

October 24, 2014
Ruselle W. Robinson

Following up on its successful publication of 2013 data on the Open Payments website, CMS recently announced several new Sunshine Act/Open Payment developments.

Website Search Tool.     Many observers have complained that accessing data on the CMS Open Payments website is cumbersome and time-consuming.  CMS hopes to increase ease of use for the website with a new beta version website search tool.  CMS is inviting the public to provide feedback, and intends to improve the search tool’s functionality over the coming weeks.  You can access the new search tool here: http://www.cms.gov/OpenPayments/Explore-the-Data/Explore-the-Data.html

December 31, 2014 Posting of Refreshed 2013 Data.     CMS intends to publish refreshed 2013 payment data on or before December 31, 2014.  CMS has notified applicable manufacturers and applicable group purchasing organizations (GPOs) that corrected data for disputes initiated during the recent review and dispute period must be submitted to CMS by October 31, 2014 in order to be included in the December 31, 2014 posting.  Only data that have gone through the review and dispute process will be included in the December 31, 2014 data refresh.

Disputed records that remain unresolved as of October 31st will be posted as disputed.  Records that were disputed and have been resolved will be displayed as undisputed.

De-Identified 2013 Data.     CMS removed identifying data from approximately 40% of the records posted on September 30, 2014 because of concerns about accuracy of the submitted information.  In the coming weeks, CMS will return the records with de-identified data to the applicable manufacturers and applicable GPOs for correction.  Once the applicable manufacturers and applicable GPOs submit corrected records, affected physicians and teaching hospitals will be given an opportunity to review and dispute the data before it is published.

Publication of 2014 Data.     The publication date for 2014 data will be June 30, 2015.

I will keep you posted as CMS ramps up for publication of 2014 data.

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