Man­u­fac­tur­ers pre­pare to file Sun­shine Act doc-pay dis­clo­sures

Modern Healthcare - - THE WEEK AHEAD - —Joe Carl­son

Phar­ma­ceu­ti­cal com­pa­nies and med­i­cal de­vice­mak­ers that pay physi­cians to study and pro­mote their prod­ucts are putting the fi­nal touches on their manda­tory dis­clo­sures of those pay­ments to the federal govern­ment.

The sec­tion of the Pa­tient Pro­tec­tion and Af­ford­able Care Act known as the Physi­cian Pay­ments Sun­shine Act re­quires that any trans­fer of value of more than $10 from a prod­uct maker to a doc­tor be re­ported to a data­base that will be pub­lished on­line by the CMS in Septem­ber. The com­pa­nies mak­ing the dis­clo­sures were re­quired to reg­is­ter by the end of March. They will be­gin sub­mit­ting the de­tailed data in May.

The law was in­tended to dis­close po­ten­tial con­flicts of in­ter­est that oc­cur when the doc­tors pre­scribe drugs and prod­ucts whose man­u­fac­tur­ers pay them, ei­ther di­rectly or in­di­rectly. About 80% or more of U.S. doc­tors ac­cept such pay­ments. Com­pa­nies are likely to re­port pay­ments for clin­i­cal re­search, con­sult­ing, speak­ing en­gage­ments and ed­u­ca­tion ses­sions that typ­i­cally are paired with free meals.

Of­fi­cials at the Phar­ma­ceu­ti­cal Re­search and Man­u­fac­tur­ers of Amer­ica have said a sig­nif­i­cant num­ber of the dis­clo­sures will con­sist of reprints of med­i­cal jour­nal ar­ti­cles and text­book chap­ters de­scrib­ing new re­search that are reg­u­larly given to doc­tors. Al­though the ar­ti­cles are typ­i­cally of­fered for free, the CMS has said they carry a mon­e­tary value that must be dis­closed.

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