Physician Payments Sunshine Act and your Report of Non-University Activities
TO: UIC Physicians
FROM: Mitra Dutta, Vice Chancellor for Research
Date: July 9, 2018
Subject: Physician Payments Sunshine Act and your Report of Non-University Activities
The Physician Payment Sunshine Act was designed with the objective of creating transparency of financial interests of physicians. However, it also has the potential to diminish public trust in academic and research institutions. This can occur when there are inconsistencies between information reported to the federal government versus the information disclosed to the University.
The Physician Payment Sunshine Act, under the Affordable Healthcare Act (Public Law 111-148, Section 6002), places obligations for public disclosure of payments and financial interests made to physicians by manufacturers of drugs, devices, biologicals, and medical supplies as well as group purchasing organizations (GPOs). The information has been collected by and was made publically available by the Centers for Medicare and Medicaid Services (CMS). CMS updates the database annually on June 30. The data for 2017 is now available for you to review on Open Payments: https://openpaymentsdata.cms.gov/
As a physician, there is information about the Act about which you should be aware. You are strongly encouraged to cooperate with CMS, manufacturers, and GPOs to ensure accurate reporting of your financial interests and payments made to you that are publically disclosed on the CMS website.
The University requires that your disclosure of non-University activities be consistent with the information reported in the CMS database. Below is information on what you must do to be in compliance with the University’s Policy on Conflict of Commitment and Interest.
- What is required by the University in regards to the Physician Payment Sunshine Act?
As a paid academic staff member, your University obligation is to report and seek approval for non-University financial or fiduciary interests using the Report of Non-University Activities (RNUA). Activities that you disclose on your RNUA must be consistent with information reported in the CMS database when the nature of the payment requires disclosure per the University Policy on Conflict of Commitment and Interest.
Guidance on the nature of payments is available at: http://research.uic.edu/compliance/conflict-commitment-interest-coi/managing-conflicts/faqs_sunshine
The last column advises on whether the nature of payment requires disclosure on the RNUA.
You are advised to review the information being reported about you in the CMS database. You can do that by using the CMS search tool available at: https://openpaymentsdata.cms.gov/
If you find information reported about you in the CMS database and if the nature of the activities requires reporting on the RNUA, then you should verify that you have disclosed the activity on your RNUA; or revise your RNUA at START myDisclosures: https://myresearch.uillinois.edu/myDisclosures/
When the activity has not been previously approved, the Unit Executive Officer must complete a retrospective review of the activities.
As always, the University requires that you seek approval for activities prior to engaging in any non-University activities. You should update your RNUA as needed during the year.
- Who is a physician under the Sunshine Act?
For the purposes of Open Payments, a “physician” is any of the following types of professionals that are legally authorized by the state to practice, regardless of whether they are Medicare, Medicaid, or Children’s Health Insurance Program (CHIP) providers:
- Doctors of medicine or osteopathy
- Doctors of dental medicine or dental surgery
- Doctors of podiatric medicine
- Doctors of optometry
Note: Medical residents are excluded from the definition of physicians for the purpose of this program.
- Can inaccurate information reported to CMS be disputed and corrected?
Yes. The University encourages you to work with the applicable manufacturer and applicable GPO to correct inaccurate information submitted by the applicable manufacturer and applicable GPO.
- Where can I find more information about the Physician Payment Sunshine Act?
The Sunshine Act 42 CFR Parts 402 and 403 is available at http://www.cms.gov/Regulations-and-Guidance/Legislation/National-Physician-Payment-Transparency-Program/Downloads/Final-Rule.pdf
For more information about the CMS OPEN PAYMENTS and to register with CMS OPEN PAYMENTS program, please go to: http://www.cms.gov/Regulations-and-Guidance/Legislation/National-Physician-Payment-Transparency-Program/index.html
For questions or assistance, please contact Jacquelyn Jancius, Director of the Conflict of Interest Office, at COI@uic.edu or (312) 996-4070.
Thank you in advance for your help with assuring compliance with the University Policy on Conflicts of Commitment and Interest.
For more information, please contact: