Physicians won’t have enough time to review and challenge false or inaccurate data about financial interactions they have had with drug and medical device companies as a result of delays by the Centers for Medicare & Medicaid Services (CMS) in implementing the Physician Payments Sunshine Act, the AMA told the agency in a letter Tuesday.
“CMS has an obligation to implement a process that produces accurate reports and cannot deprive physicians of their ability to protect themselves from the deleterious impact to employment, grants, professional standing and associations that will result from false and misleading reports,” the letter states.
CMS repeatedly indicated that physicians would be able to register for the Sunshine Act reporting system starting Jan. 1 so they could resolve any initial issues ahead of reviewing information reported about them and ensure its accuracy. Similarly, manufacturers and group purchasing organizations were told they would be able to register on the first of the year. But “this deadline passed without notice or comment by the agency,” the letter states.
According to the regulatory timeline, drug companies are supposed to report corporate profile information and payment data by March 31, but they haven’t been able to do so yet. The AMA told CMS that if it cannot ensure that drug companies had registered and reported data by the March 31 deadline, and physicians were able to view that information as well, “CMS must take steps to adjust the public reporting date until the agency can ensure that physician due process rights are protected, and the agency has in place a process and system that will produce accurate reports.”
In February, CMS announced that drug companies could register for the system but still couldn’t submit reports. CMS has said the data will be made public by Sept. 30. By missing its own deadline, CMS may not have time to prepare accurate, individualized consolidated reports for physicians, especially using a new system that reportedly has not been beta-tested.
“There is a compelling need to ensure that physicians have an adequate amount of time to register …, to review their consolidated reports, to dispute errors and to obtain corrections,” the letter states. “The decision to deny physicians the ability to dispute and ensure accurate information is submitted to the federal government is at odds with statutory language that requires CMS to ensure accurate and fair reporting.” The AMA is hopeful that the agency will adjust these unrealistic deadlines given its continued advocacy and efforts to educate the agency on the administrative burdens physicians face.
Visit the AMA Sunshine Act Web page to learn more about the kinds of financial interactions that must be reported and access resources to help you prepare for reviewing data and challenging any false, inaccurate or misleading reports. Be sure to check out the AMA’s “Top tips to ensure accurate reporting.”
