On February 7, 2014, the Centers for Medicare and Medicaid Services (“CMS”) announced that Physician Payments Sunshine Act registration and data submission for applicable manufacturers and group purchasing organizations (“GPOs”) will be executed in two phases. Detailed payment information covering August to December 2013 will not be due by March 31st, as required by statute, but instead no earlier than May 2014.
During what CMS characterizes as Phase 1, which will last from February 18 through March 31, 2014, applicable manufacturers and GPOs will be able to register and submit “aggregate 2013 payment data” using CMS’s Enterprise Portal. However, the announcement does not define what specific information constitutes “aggregate” data. Registration must be completed by an executive-level officer (“authorized official”), although the authorized official can then delegate data submission responsibilities to other authorized representatives upon completion of registration. The authorized officer or authorized representative(s) must then submit the manufacturer’s corporate profile information and aggregate 2013 payment data into CMS’s Enterprise Portal. If any data elements are missing or improperly formatted, CMS will provide the manufacturer with additional instructions for correction. The data submitted in Phase 1 will ultimately be used by CMS to create the manufacturer’s entity profile in the Open Payments system in preparation for Phase 2 data submission.
Phase 2 is slated to begin in “approximately” May 2014 and will extend for no fewer than 30 days according to the announcement. Phase 2 requires the authorized official to: (i) register the company and himself/herself in the Open Payments system; (ii) confirm the accuracy of the manufacturer’s entity profile data based on the information submitted in Phase 1; and (iii) submit and attest to the accuracy of the “detailed 2013 payment data.”
Review and correction phases are scheduled to begin by August 1, and guidance on these processes will be announced in the spring of 2014. In the same announcement, CMS also declared that it will not enforce penalties for non-compliance in reporting until after Phase 2 registration and data submission are closed.
To view CMS’s announcement, please visit http://content.govdelivery.com/accounts/USCMS/bulletins/a3f695. For additional information regarding the Open Payments system, please visit http://www.cms.gov/Regulations-and-Guidance/Legislation/National-Physician-payment-Transparency-Program/index.html.