CORPORATE CITIZENSHIP – PAYMENTS TO PHYSICIANS

PHYSICIAN PAYMENTS SUNSHINE ACT AT A GLANCE

The Physician Payments Sunshine regulation (“Sunshine” or “Open Payments”) requires manufacturers of products reimbursed by Medicare or Medicaid (“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, mid-level prescribers, 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:

  • Incidental meals provided both in and out of the physician’s office if the physician consumes any of the food or beverages
  • Physician educational items that do not directly benefit the patient, including textbooks and scientific journal reprints
  • Payments and reimbursable expenses associated with consulting and speaking engagements
  • Research payments (e.g., payments to clinical trial sites)

Each year, by March 31, we’re required to provide CMS with our annual disclosure report covering the previous calendar year. CMS publishes the data annually on or by June 30. The data is available at OpenPaymentsData.cms.gov.

PHYSICIAN PAYMENTS SUNSHINE ACT FAQS

  • WHEN WILL THE REPORTED INFORMATION BE MADE PUBLICALLY AVAILABLE?

    The information will be posted on CMS's Enterprise Portal on April 1 and will be available for review by those prescribers 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 isn't resolved, the public website will list the manufacturer's information but mark it as "in dispute." CMS will make the data publicly available annually on or by June 30. The data is available at OpenPaymentsData.cms.gov.

  • WILL MY PATIENTS HAVE ACCESS TO MY REPORTABLE PAYMENTS?

    Yes. CMS will make the data publicly available after the 60-day review and dispute period.

  • AS A PHYSICIAN, CAN I REFUSE TO HAVE MY INFORMATION REPORTED?

    No. We’re 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 (for example, a meal during in-office/out-of-office presentations such as Speaker Programs.) W e won’t be obligated to report your name if you don’t partake in the meal.

  • WHO SHOULD I CONTACT IF I HAVE QUESTIONS ABOUT THE INFORMATION EISAI REPORTED TO CMS?

    For questions related to reportable information, navigating the CMS Portal, initiating a dispute, etc., please refer to the Open Payments overview and resources section on the CMS website.

  • WHERE CAN I REFER MY PATIENTS IF THEY HAVE QUESTIONS/CONCERNS REGARDING SUNSHINE?

    The CMS website provides an Open Payments overview and resources section and explains the purpose of such transparency.