The Physician Payments Sunshine regulation (“Sunshine” or “Open Payments”) requires manufacturers of products reimbursed by Medicare or Medicaid (so-called “covered products”) and certain of their affiliates that operate in the United States to annually report to the Centers for Medicare and Medicaid Services (“CMS”) information about payments or other transfers of value they provide to U.S. physicians and teaching hospitals (collectively, “covered recipients”).
Any payment or transfer of value from a manufacturer operating in the United States to a covered recipient must be reported. Some examples are:
The information will be posted on CMS’s Enterprise Portal (https://portal.cms.gov/).
For questions related to information reported on you by Eisai, please call Eisai’s toll-free hotline at 1-855-643-4328 or send an email to Sunshine_Support@eisai.com.
Please note that the information provided on this page does not constitute legal advice and is intended for educational purposes only. You should consult with your legal counsel for answers to any specific questions you may have. Please note further that all information on this page is subject to change as a result of a change in law, regulation or guidance from CMS. For the most up-to-date information on Sunshine, please consult the Open Payments section on the CMS website.
Q: What is subject to reporting under Sunshine/Open Payments?
A: Any payment or transfer of value from a manufacturer operating in the United States to a covered recipient must be reported. Some examples are:
Q: To whom and how often does Eisai submit Sunshine reportable payments?
A: Eisai Inc. is required to submit annual disclosure reports to the Centers for Medicare and Medicaid Services (“CMS”). The first annual report was due to CMS by June 30, 2014 covering the period August 1 – December 31, 2013. Going forward, Eisai will be required to submit its annual disclosure report covering the previous calendar year by March 31. (So, for calendar year 2014, Eisai Inc. will be required to submit the annual report by March 31, 2015.)
Q: Where will this information be reported and how will it be presented?
A: The information will be posted on CMS’s Enterprise Portal (https://portal.cms.gov/), and will be available for review by those physicians and teaching hospitals registered in the portal prior to public disclosure. The review and dispute period for each program year will start at least 60 days before the information is to be publicly published. During a 45-day review period, covered recipients will be able to dispute any specific reported payments and attempt to resolve the dispute with the reporting manufacturer outside of the system. CMS will allow an additional 15 days to resolve disputes after the 45-day review period. If the dispute is not resolved, the public website will list the manufacturer’s information but mark it as “in dispute.”
Q: Will my patients have access to my reportable payments?
A: Yes. CMS will make the data publicly available after the 60-day review and dispute period.
Q: As a physician, can I refuse to have my information reported?
A: No. Eisai is required to report any payments or other transfers of value to covered recipients. Any misrepresentation or submission by Eisai of any false, incomplete, or misleading information may be punishable as a criminal act under law.
You may, however, refuse to accept any payments or transfers of value from Eisai such as a meal during in-office/out-of-office presentations such as Lunch & Learns and Speaker Programs. Eisai will not be obligated to report your name if you do not partake in the meal.
Q: What is the reporting format?
A: CMS has categorized payments into two separate buckets; Research Payments (i.e. clinical trial related site payments) and General Payments (i.e. all other payments not related to clinical trial site payments). Eisai will disclose payments in the format specified by CMS for General Payments and Research Payments.
For General Payments, Eisai must report the following information:
For Research Payments, Eisai must report the following information:
Q: Who should I call at Eisai if I have questions about the information Eisai reported to CMS?
A: For questions related to reportable information, navigating the CMS Portal, initiating a dispute, etc., please refer to the Open Payments section on the CMS website.
Q: Where can I refer my patients if they have questions/concerns regarding Sunshine?
A: The CMS website provides an overview of Sunshine/Open Payments and explains the purpose of such transparency. The link is http://www.cms.gov/Regulations-and-Guidance/Legislation/National-Physician-payment-Transparency-Program/index.html