In response to questions about the Sunshine Act 'reportability' for transfers of value related to the provision of accredited CME events, the CME Coalition has developed ‘template’ grant language for use in CME agreements between commercial supporters and providers. The template included below, drafted with expert legal counsel from Arnold and Porter, includes language that tracks directly with CMS’ guidance indicating that supporters have not “directed, instructed or caused” the CME provider to pay specific covered recipients.
This template language is essential for two important reasons: (1) it provides written evidence confirming that grants do not generate reportable indirect payments; and (2) because of the concerns around potential over-reporting, it will help to document the fact that just because a commercial supporter may choose to report a CME-related payment to CMS, they are not inappropriately selecting a physician speaker or influencing the curriculum.
| CME Providers Template Language for the Sunshine Act |
