What is CME?

Continuing medical education (CME) refers to a range of educational programs provided by trained professionals that helps health care providers to maintain their competence and to learn about new technologies, procedures and developing areas of their field. Content for these programs is developed, reviewed, and delivered by faculty who are experts in their individual clinical areas. 

Similar to the process used in academic journals, any potentially conflicting financial relationships for faculty members must be disclosed and addressed appropriately. The CME Coalition is a collection of health care providers, companies, institutions and academics committed to the pursuit of sensible policies designed to promote responsible CME.

The Value of CME in Healthcare

In an interview on CBS's BioCentury TV, Andrew Rosenberg, the CME Coalition's Senior Advisor, highlighted the role of CME as the "least appreciated pillar" of our healthcare system. "Most doctors that are around today serving patients weren't in medical school when Ebola, HIV, and other emerging health challenges first came about,” Rosenberg said. “CME is the way by which doctors keep current with science and with medicine.”

Mr. Rosenberg went on to explain that CMS "did a very smart thing" by issuing a rule which maintained an important Sunshine Act exemption for CME.  "We should be encouraging doctors to get CME courses, not stigmatizing them by reporting them for it," Rosenberg stated. "CMS redefined the sorts of payments that need to be reported to effectively eliminate the need to report any kind of CME-related support payments."

Open Payments and CME

In October 2014, CMS issued a Final Rule redefining its Open Payment (the Physician Payment Sunshine Act) reporting rules to specifically exclude the vast majority of CME payments, including speaker-related payments and tuition support for attendees, so long as they follow CME guidelines and are, therefore, not directed by a commercial supporter.

In April 2015, CMS issued additional guidance implementing this rule, confirming that if a manufacturer does not condition its financial support of a CME program on the participation of particular physician speakers or faculty, and does not otherwise pay such physicians directly, these payments are excluded from reporting under the indirect payment rules. For details on these new reporting rules (Final Rule, page 595), please read our policy report or recent guidelines issued by the American Medical Association. 

Commercial Logo Use

Recently, the ACCME's Board of Directors decided to adopt changes to the Standards for Commercial Support to prohibit the use of commercial interest logos in the acknowledgment of commercial support. Although the CME Coalition took issue with the Board’s decision, we are working hard to ensure that our members meet the new requirements.

While we respect and recognize the ACCME’s decision to ban logos, we remain committed to ensuring that commercial support for CME be made visible to learners. To that end, we have proposed a straight-forward design template recommended for voluntary use by CME providers that would provide adequate transparency while avoiding the use of corporate logos.

Webinar: Open payments Reporting

On Thursday, September 24, the CME Coalition hosted a webinar -- featuring Abraham Gitterman J.D. of the law firm Arnold and Porter, LLP, and Andrew Rosenberg J.D. of the CME Coalition -- providing an in-depth discussion of the rules and guidance pertaining to the indirect payment exclusion for Open Payments.  Among the key topics discussed during the webinar, the panel provided analysis of: (1) the indirect payment exclusion, including its legislative and regulatory intent; (2) the definition of an indirect payment and its exclusion as applied to CME-related payments and transfers of value, including a discussion of the ACCME Standards for Commercial Support and related standards; (3) when payments to medical associations, patient or disease advocacy groups, and related entities may be reportable; (4) whether payments to entities affiliated with teaching hospitals are reportable; and (5) pending Sunshine Act legislation in the 21st Century Cures Act.  Click below to listen to an audio recording of the webinar.