Day Pitney healthcare attorney Eric Fader was quoted in an April 12 article, “Drug, Device Makers Could Get Hit for Not Reporting Payments to Doctors,” in Bloomberg BNA’s Life Sciences Law & Industry Report and other publications. Eric spoke with Bloomberg BNA about the Open Payments program, which requires drug and medical device makers to report all payments to physicians and teaching hospitals for provider education, travel, and compensation for speaking engagements.
The Open Payments program was created under the Affordable Care Act and could be eliminated if the ACA is repealed, but Eric said it appears that no immediate changes are in store. “President Trump’s promises to rein in drug prices suggest that his administration will favor continued or even increased disclosure requirements for pharma and device companies,” he said.
Payment information for 2016 will be released on the Centers for Medicare & Medicaid Services’ website in June and CMS has redesigned the site and upgraded how users can display the data, but problems may still arise, Eric told Bloomberg BNA. “This year’s data will undoubtedly continue to be difficult to analyze and misleading in spots, especially when larger companies spread their reporting under multiple subsidiaries, or use multiple names for the same drugs when they’re marketed for different conditions,” Eric said.