CMS Starts Collecting Physician Payment Data from Medical Device and Pharmaceutical Manufacturers for Public Website

The public will soon have better insight into the amount of funds flowing to healthcare providers from pharmaceutical and medical device companies. On February 18, 2014, CMS began collecting data from drug and device manufacturers on payments made to healthcare providers, as required under the Physician Payments Sunshine Act. During the first phase of the program, companies will submit data on payments made to healthcare providers, including gifts, consulting fees, and research activities. Previously, CMS said that it would release the data on a public website by September 30, 2014. Excessive payments to health care providers may not be sufficient to trigger federal Anti-kickback Statute (AKS) prosecutions. Whistleblowers are usually needed to fully evidence the necessary corporate intent to trigger AKS liability.

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