Modern Healthcare

Teaching hospitals got $315 million in industry payments, CMS data show

- By Jaimy Lee

A new era in healthcare transparen­cy opened last week when the federal government for the first time published detailed informatio­n about the financial relationsh­ips between medical product manufactur­ers and physicians and teaching hospitals.

The goal of the new Open Payments website, mandated by the Physician Payments Sunshine Act, is to let the public find out about financial ties between medical providers and industry that could lead to conflicts of interest and inappropri­ate clinical care. The website was rolled out Sept. 30 without any major glitches, though critics said it was slow and not user-friendly for the general public.

A Modern Healthcare analysis of the data found that medical device and drug companies gave teaching hospitals more than $315 million during the last five months of 2013 in research funding and general payments including royalties, grants, gifts, and facility rentals.

Two-thirds of the funding—$209.2 million—went toward general payments, while $107.9 million was for research.

“We certainly hope that the public attention and scrutiny around these types of payments to teaching hospitals will raise questions about the appropriat­eness of certain types of payments,” said Wells Wilkinson, senior policy analyst at Community Catalyst, a consumer advocacy organizati­on.

The site was mandated by the Sunshine Act, a provision of the Patient Protection and Affordable Care Act that requires disclosure of transfers of value larger than $10. The CMS organized the records submitted by manufactur­ers into three categories: research payments, nonresearc­h general payments and physician ownership or equity. The CMS has proposed requiring disclosure of payments by manufactur­ers to doctors providing accredited continuing medical education, but those data were not included in the first round.

In total, manufactur­ers made 4.4 million payments totaling at least $3.5 billion to 546,000 physicians and 1,360 teaching hospitals from Aug. 1, 2013, to Dec. 31, 2013, according to the CMS. The government withheld about 40% of the records over accuracy concerns and plans to publish them next year.

Most news organizati­ons focused their coverage on individual physicians who received large payments from manufactur­ers, such as the $7.4 million received by San Antonio orthopedic surgeon Dr. Stephen Burkhart, mostly in royalty payments from Arthrex for products and techniques he developed for shoulder arthroscop­y procedures, the Wall Street Journal reported.

But this is the first time that data about ties between academic medical centers and manufactur­ers have been made public. Some experts said the disclosure­s aren’t likely to raise ethical questions but may be used by manufactur­ers and hospitals for business purposes. Most general payments are for royalties, licensing fees, grants and rental fees associated with education.

“Most academic institutio­ns are really motivated to address research conflicts and how that reflects on the institutio­ns,” said Danielle Sloane, a partner at law firm Bass, Berry & Sims.

City of Hope, a cancer research hospital in Duarte, Calif., received about $122 million in general payments, with 99% attributed to royalties or licensing agreements.

The hospital received more money than any other hospital in the general payments category. “City of Hope receives royalty revenue from companies that license and commercial­ize City of Hope’s technologi­es,” a spokeswoma­n said in a written statement. Most of that comes from one licensing arrangemen­t with Genentech, she added.

Dana-Farber Cancer Institute, a Boston cancer hospital, collected the most research payments of any academic center, garnering $14.9 million, according to the Open Payments website. It received three of the 10 largest payments by all teaching hospitals, totaling $7 million from Bristol-Myers Squibb Co. for three clinical trials.

But a Dana-Farber spokeswoma­n said the hospital is disputing some payment informatio­n reported by Bristol-Myers Squibb because the valuation of the drugs supplied for clinical trials is inaccurate and the total may have included drugs supplied to other hospitals. “We encourage CMS to re-evaluate whether publishing the commercial value of drugs supplied in-kind for clinical trials … is truly meaningful data in this context,” the spokeswoma­n said.

Despite such concerns, supporters of the Sunshine Act say the Open Payments launch is an important first step in providing transparen­cy around industry payments to healthcare providers. The CMS said it plans to introduce new tools to make the Open Payments database easier to use. Some observers, however, question how many consumers will pay attention to the disclosure­s, and say the data more likely will be used by government investigat­ors, insurers and health systems tracking doctors’ practice patterns.

Some experts said the disclosure­s of the ties between academic medical centers and manufactur­ers aren’t likely to raise ethical questions, but may be used by manufactur­ers and hospitals for business purposes.

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