News & Analysis as of

Health Care Providers Sunshine Act

CMS Releases 2018 Open Payments/Sunshine Act Reporting Thresholds

by Reed Smith on

CMS has announced inflation-adjusted de minimis reporting thresholds for 2018 under the Open Payments/Physician Payments Sunshine Act program. Specifically, payments or transfers of value of less than $10.49 do not need to...more

Ontario introduces bill to promote transparency in healthcare industry

by DLA Piper on

On September 27, 2017, Ontario’s Minister of Health and Long-Term Care, Dr. Eric Hoskins, introduced proposed legislation that aims to add transparency to certain marketing practices employed by the medical industry, in...more

CMS Corrects Sunshine Act CMP Regulations due to Inflation Adjustment Error

by Reed Smith on

CMS has just corrected an error in a 2016 rulemaking that inadvertently called for a 10-fold increase in certain “Sunshine Act” civil monetary penalties (CMPs). Under section 1128G of the Social Security Act, applicable...more

Health Care Provider Insights - Introductory Edition

by Wilson Elser on

Welcome to the introductory edition of Health Care Provider Insights. We are practice management consultants, providing legal and business management advice and assistance to physicians and dentists (health care...more

France: Again the Life Science Industry Will Have to Take a Close Look at a New Set Of Regulations Reshaping Transparency-Related...

by Reed Smith on

The relationship between the life sciences industry and health-care practitioners is being reshaped in France through regulatory developments under both the French Anti-Gift Law and the French Sunshine Act. The...more

House Passes 21st Century Cures Act

by Cozen O'Connor on

On November 30, 2016, the House overwhelmingly passed (392-26) the 21st Century Cures Act (“Bill”). The Bill moves on to the Senate next week and it is projected to pass in the Senate as well. Notably, the Bill seeks to...more

CMS Call on Opportunity to Review Open Payments/Sunshine Act Data (April 12)

by Reed Smith on

CMS is hosting a provider call on April 12, 2016 to discuss the Open Payments program, including the process for physicians and teaching hospitals to review applicable data on payments or transfers of value prior to...more

OIG Reviews Overlap Between Physician-Owned Hospitals and Physician-Owned Distributors (PODs) of Spinal Devices

by Reed Smith on

The Office of Inspector General (OIG) of the Department of Health and Human Services has issued a report on “Overlap Between Physician-Owned Hospitals and Physician-Owned Distributors.” The OIG reviewed 12 hospitals that...more

FDA Regulation of Hospital-Developed Technologies - Hospital Industry Viewpoint

by Morgan Lewis on

As hospitals become increasingly technologically savvy, they are looking to do more and more with their electronic health record systems. What many hospitals do not realize is that some of the functionality they are seeking...more

Blog: Key Takeaways from Government Enforcement Panel at ACI Sunshine Conference

by Cooley LLP on

Recently, representatives from the United States Attorney’s Office for the Northern District of Georgia, United States Attorney’s Office for the District of New Jersey, and Medicaid Fraud Control Unit (MFCU) for the Office of...more

The Continuing Evolution of the French Sunshine Act

by Reed Smith on

Since the general disclosure rule for provider-manufacturer relationships in France was enacted into law on January 1, 2012, its compliance and enforcement have been a common point of discussion for health care professionals,...more

French Supreme Administrative Court decision significantly broadens scope of the French ‘Sunshine Act’

by Reed Smith on

On 24 February 2015, the French Supreme Administrative Court (Conseil d’Etat) reached a landmark decision which significantly expands the scope of the so-called French Sunshine Act....more

French Supreme Court Specifies Requirements for Health Care Companies Under the Sunshine Act

by McDermott Will & Emery on

Law no. 2011-2012 of 29 December 2011, also known as the French Sunshine Act, introduced into French law disclosure obligations imposed on health care companies (HCC). The French Medical Board and a nonprofit organisation...more

Health Law Pulse - November 2014

by Robinson & Cole LLP on

In This Issue: - Connecticut Supreme Court: HIPAA Does Not Preempt Negligence Claims - CMS Removes Continuing Education Exemption to Physician Payments Sunshine Act - Federal Government and New York...more

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

by Cooley LLP on

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...more

It Is Finally Here-the Sun Shines on a New Era

by BakerHostetler on

The Centers for Medicare and Medicaid Services (CMS) publicly launched a database this week detailing the payments doctors and teaching hospitals have received from drug and medical device manufacturers. Under the Physician...more

French National Councils and Companies Publicly Disclose Information About Interactions with French Health Care Professionals for...

by King & Spalding on

On October 1, 2013, seven national councils representing French health care professionals posted on their publicly accessible websites information submitted by affected enterprises (i.e., companies) that produce or market...more

Health Care E-Note - June 19,2013

by Burr & Forman on

In This Issue: - FTC Hospital Merger Investigation Highlights Cost of Health Care - Survey Finds Doctors Warming to Health Information Exchanges - Health Insurance Markets Seeing More Competition from New...more

Physician Payment Sunshine Act: Challenge for Companies, Tool for Enforcers

by Morrison & Foerster LLP on

Pharmaceutical companies, medical device manufacturers, and biotech companies are gearing up for the January 1, 2013 deadline set by the Centers for Medicare and Medicaid Services (“CMS”) for companies to begin collecting...more

French Sunshine Act: Implementing Decree to Be Published No Later than October 2012

by McDermott Will & Emery on

French Law No 2011-2012 on the Strengthening of Health Protection for Medicinal and Health Products, dated 29 December 2011 (known as the French Sunshine Act), imposes new disclosure obligations to health products companies. ...more

CMS Announces it Will Not Require Data Collection by Manufacturers under the Physician Payments Sunshine Act Before January 1,...

by King & Spalding on

Margaret Tavenner, Acting Administrator of the Centers for Medicare and Medicaid Services (CMS or the “Agency”), issued a letter to Senator Chuck Grassley on May 3, 2012 formally responding to a letter sent to her by Senator...more

Sunshine Act Implementation Delayed Until 2013

With little fanfare, the Centers for Medicare & Medicaid Services (CMS) announced today on the CMS Blog that it is delaying data collection under the Sunshine Act until 2013. Pharmaceutical and medical device manufacturers...more

What Hospitals and Physicians Need to Know about CMS’s Proposed Rule Interpreting the Physician Payment Sunshine Act

by Poyner Spruill LLP on

Centers for Medicare & Medicaid Services (CMS) issued on December 14, 2011 its much-anticipated proposed rule interpreting the requirements of the Physician Payment Sunshine Act (Act), enacted by Congress as Section 6002...more

Proposed Physician Payment Sunshine Act Regulations Leave Many in the Dark

Originally published in Health Care Fraud Report, 16 HFRA 80, 01/25/2012. Pharmaceutical and medical device manufacturers as well as group purchasing organizations (GPOs) finally received some insight into how the...more

CMS Delays Implementation of the Physician Payment Sunshine Act

Considerably after the statutory deadline of October 1, 2011, the Centers for Medicare and Medicaid Services (CMS) finally has issued proposed regulations aimed at implementing what is known as the "Physician Payment Sunshine...more

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