Policy

Sunshine Act compliance: Here’s a list of what is and what isn’t reportable

With recent clarification from CMS that medical textbooks and journals must be reported as payments/transfers […]

With recent clarification from CMS that medical textbooks and journals must be reported as payments/transfers of value made to physicians, Partners for Healthy Dialogues is taking a look at all of the items that will be reported about physicians and teaching hospitals.

Any payment or transfer of value from a manufacturer operating in the U.S. to a physician must be reported, unless the payment falls into a category that is exempt from reporting. Even if the physician did not request the payment or the payment has no value to the physician but might be of value to someone else, it must be reported. If the payment or transfer of value is made in connection with a particular product, the manufacturer must also report the drug or drugs discussed.

What is Reportable?

  • Consulting fees
  • Compensation for services other than consulting (including serving as faculty or as a speaker at an event other than a continuing education program)
  • Honoraria
  • Gifts
  • Entertainment
  • Food & Beverage
  • Travel & Lodging
  • Education
  • Research
  • Charitable contributions
  • Royalty or license
  • Current or prospective ownership or investment interest
  • Grants (some exceptions)
  • Space rental/facility fees
  • Education materials such as medical textbooks and journals

What isn’t Reportable?

  • Drug samples, coupons and vouchers intended for patient use
  • Grants to an accredited CME provider if they comply with the requirements imposed by specified accrediting agencies
  • Materials intended to educate patients, such as brochures, posters, and anatomical models;
  • Gifts from family members and personal friends who work for a manufacturer
  • Payments to physicians providing health care services to manufacturers’ employees or family members, as well as payments for certain services that are not directly medical, such as serving as an expert witness in litigation.

For more information on the rules and regulations of the Sunshine Act, check out this User Guide from CMS.

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