08/22/2014    

SUNSHINE ACTS NEWS

Under Proposal, CME Speakers No Longer Exempt from Sunshine Act 

 

As most physicians are aware, CMS released the final rule of the Physician Payments Sunshine Act in 2013. The act was created to provide transparency for payments and gifts made to physicians and teaching hospitals by applicable manufacturers of covered drugs, devices, biological products, and medical supplies. In the Medicare Physician Fee Schedule for Calendar Year 2015, released July 3, 2014, CMS buried a proposal that would withdraw one of the Sunshine Act’s exemptions related to CME. Under the act, there is a specific exemption for direct or indirect payments made to healthcare providers who serve as speakers for accredited CME programs. CMS’s proposal to withdraw this exemption has drawn a flurry of comments from physicians and organizations alike. 

 

CMS has proposed two alternative approaches to rectify this issue: (1) expanding the list of accredited organizations by name; or (2) establishing accreditation or certification standards. Each alternative comes with its own set of problems, from implying endorsement of an organization to requiring enforcement of any promulgated standards.

 

Source: Ericka L. Adler, Physicians Practice [8/20/14]