Currently, the federal Physician Payments Sunshine Act (Sunshine Act) requires certain manufacturers of drugs, biologics, medical devices and medical supplies for which payment is available under Medicare, Medicaid or the Children’s Health Insurance Program (Applicable Manufacturers) to report annually to the Centers for Medicare and Medicaid Services (CMS) certain payments and transfers of value  made to physicians and teaching hospitals (Covered Recipients), and ownership or investment interests held by physicians and their immediate family members. The recently enacted SUPPORT for Patients and Communities Act expands the scope of Covered Recipients, such that all data submitted on or after January 1, 2022 must include information regarding payments and transfers of value provided to physician assistants, nurse practitioners, clinical nurse specialists, certified nurse anesthetists, and certified nurse-midwives.

Because this change applies to all data submitted on or after January 1, 2022, companies must begin collecting reportable data on January 1, 2021. This will require updates to policies, procedures, tracking systems, and employee training, which manufacturers should begin evaluating and preparing to implement such changes. Manufacturers also should carefully evaluate how these Sunshine Act changes impact transparency reporting under applicable state laws.

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