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CME Coalition Submits Comments To CMS Regarding its Proposal to Eliminate the Current CME Reporting Exemption Under the Physician Payments Sunshine Act

8/29/2014

 
In its comments, the CME Coalition shares its serious concerns that the proposed changes, as written, will have a detrimental effect on the professional training of medical professionals, and ultimately, on patient outcomes. Rather, the CME Coalition has proposed a manner of determining bona fide accredited CME programs that are deserving of exemption from the Sunshine Act reporting rules. 

FOR IMMEDIATE RELEASE
Contact: Andrew Rosenberg, (202) 247-6301, aroseberg@thornrun.com
Today, the CME Coalition submitted public comments to the Centers for Medicare and Medicaid Services (CMS) regarding its proposed change to the Sunshine Act’s current exemption for reporting transfers of value that are affiliated with accredited CME provider organizations to the Open Payments Database.  In its submission, the Coalition embraces the preamble of CMS’s proposed rule, that the criteria for determining Sunshine-exempt continuing education should be expanded.  However, the Coalition’s analysis of the proposed rule’s actual language suggests that rather than expanding the exemption beyond the originally designated “five accrediting bodies,” the proposal could instead require additional reporting for both speakers and attendees at CME events. The resulting elimination of the CME exemption could be devastating for the practice of CME.

In its place, the Coalition suggests specific language that it believes could meet CMS’s stated objective of designing a policy whereby “if an applicable manufacturer conveys ‘full discretion’ to the continuing education provider, those payments [should be] outside the scope of the rule,” and thus not reportable.

In the Coalition’s comments, Senior Advisor Andrew Rosenberg writes, “We are passionate about accredited continuing medical education because we see the direct beneficial impact it has on physician excellence and patient outcomes.”


Rosenberg continued, “Forcing these indirect payments to be reported in the Open Payments system would have an unmistakable and chilling effect on physician, and commercial supporter, participation in CME.”

On July 3rd, the Centers for Medicare and Medicaid Services (CMS) reversed a previous decision it had made to allow physicians to participate in accredited continuing medical education activities without having that participation reported publicly as a “payment” by commercial underwriters of the underlying educational grant.

About the CME Coalition

The CME Coalition represents a broad collection of continuing medical education provider companies, in addition to other supporters of CME and the vital role it plays in the US health care system. Its member organizations provide, manage and support the development of healthcare continuing education programs that impact more than 500,000 physicians, nurses and pharmacists annually. Graduation from medical school and completion of residency training are the first steps in a career-long educational process for physicians. To take advantage of the growing array of diagnostic and treatment options, physicians must continually update their technical knowledge and practice skills. CME is a mainstay for such learning.

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