The Open Payments Program requires manufacturers of drugs, biologicals, devices and medical supplies covered by Medicare, Medicaid or the Children’s Health Insurance Program to track and report certain payments made to physicians, hospitals or other advanced practice clinicians. Failure to report can result in a fine.
CMS publishes the data for the public, and the database is intended to increase transparency. However research shows public awareness of the Open Payments Program is low and few patients are aware their physicians receive payments from manufacturers, according to the article.
Starting in January 2023, physicians and surgeons must provide written and electronic notice to patients of the Open Payments database and retain the notice in the medical record. Written notices must include a date and signature from the patient.
Beginning in January 2024, physicians must include the Open Payments database notice on their websites in a conspicuous location.
Failure to follow the new law can result in discipline by a physician’s respective licensing board for unprofessional conduct.
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