Blog: Sunshine Act Media Coverage and CMS’s Response Today

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The Open Payments database has been live for a week now.  There has been media coverage, but most has not been the type that many expected.  The coverage to date has largely centered on the significant challenges associated with accessing and using the database.  For example:

US News & World Report: Doctor Payments Show Little Value at Launch Time

Media Health Partners: Open Payments Site Launches to User Complaints

MedPage Today: Sunshine Act Database Debuts to Skepticism

Policy and Medicine: Physician Payments Sunshine Act: Open Payments Is….Live? 

Industry organizations, such as PhRMAAdvaMed and BIO, continued to voice concerns when the data was released regarding the lack of context provided to the public regarding Open Payments. BIO’s press release stated: “CMS failed to provide the necessary context about these disclosures – and how they should be read.  We are very concerned that some third parties will attempt to misuse the data, potentially threatening innovation in our nation’s health care system.”

In response to this criticism, CMS released today a Fact Sheet that provides additional, high-level information regarding data released in the Open Payments database last week.  The Fact Sheet further provides information regarding $1.1 billion of unresolved disputes and payments eligible for delayed publication that were not published, as well as statistics regarding the review and dispute period.  Additionally, CMS issued instructions on how to filter the data using Data Explorer Tool.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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