What Is...The Physician Payments Sunshine Act or "Open Payments"?

This guide provides a detailed overview of the Sunshine Act, transparency initiatives, and related implications associated with increased attention on physician-industry relationships. • Section II provides background and the legislative history of the Sunshine Act. • Section III provides a detailed summary and analysis of the technical statutory and regulatory requirements manufacturers and group purchasing organizations must abide by to comply with the law. • Section IV analyzes the Sunshine Act's regulatory requirements as they may impact other healthcare fraud and abuse and compliance obligations and requirements, including the Anti-Kickback Statute and the False Claims Act. • Section IV.C provides an overview of related state transparency laws and gift ban laws, including how such provisions are preempted under the Sunshine Act. • Section V offers a brief overview of CMS's first data release on the Open Payments website and discusses potential issues and future concerns for all stakeholders moving forward. As a bonus at the end of this guide you will find: • Appendix A - Table of U.S. Transparency, Gift Ban Requirements • Appendix B - District of Columbia • Appendix C - Massachusetts • Appendix D - Nevada • Appendix E - Vermont