February 25, 2020

February 24, 2020

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Teaching Hospitals and Physicians Must Take Action Now to Correct Erroneous Reports about them Submitted Under the Sunshine Act

On September 1, 2014, the Centers for Medicare and Medicaid Services (CMS) will make public the reports submitted by pharmaceutical and medical device manufacturers under the Sunshine Act.  These reports will disclose payments and other "transfers of value" by pharmaceutical and medical device manufacturers to teaching hospitals and physicians.  It is predictable that for any number of reasons -- including human error, erroneous data, mistaken regulatory interpretations -- the reports will contain errors. 

Teaching hospitals and physicians wishing to ensure that reports that mention them do not contain erroneous information should register ASAP with CMS to review the reports before they are made public.  CMS is giving teaching hospitals and physicians until August 27 to resolve any issues with pharmaceutical and medical device manufacturers, and have manufacturers correct errors in their reports.  Erroneous information not corrected by August 27 will be included in the reports made available to the public on September 1.

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About this Author

Jesse Witten, Drinker Biddle Law Firm, Washington DC, Healthcare and Litigation Attorney

Jesse A. Witten defends health care providers, pharmaceutical manufactures and other clients in the health industry against fraud and abuse matters in government investigations and litigation, particularly False Claims Act matters. Jesse also assists clients in internal corporate investigations and self-disclosures to the government of regulatory violations and Medicare/Medicaid overpayment. He counsels clients on compliance with Anti-Kickback Statute and Stark Law and laws governing the sale and marketing of medical devices and pharmaceutical products...

(202) 230-5146