Open Payments (Sunshine Act)

Adopted as Section 6002 of the Affordable Care Act of 2010, the Physician Open Payments Sunshine Act requires manufacturers of drugs, devices, biologicals, or medical supplies to report annually to the Centers for Medicare & Medicaid Services (CMS) certain transfers of value to physicians and teaching hospitals. The purpose behind the law was to increase public awareness and transparency of financial relationships with companies that manufacture or supply medicines or medical devices with physicians.

UT Southwestern physicians are encouraged to register with CMS and access the CMS secure website so that they can review and correct information that relates to their personal, individual financial, or consulting relationships. They will further need to initiate a request directly to a manufacturer to correct the information as any disputes on the accuracy of the information are between the physician and the manufacturer. Please note that any data that is disputed and not corrected by the manufacturer will still be made public, but it will be marked as disputed.

Registration for physicians will be conducted in two phases for the first reporting year:

  • Phase 1 includes initial physician sign-up for the CMS Enterprise portal where physicians register to create a profile.
  • Phase 2 allows for the physician to register in the Open Payments System to review and dispute data submitted by applicable manufacturers before the data is publicly posted.

Once registered in both the CMS Enterprise portal and the Open Payments System, the physician can delegate an authorized representative to review and dispute on his/her behalf. Like the physician, the delegate will have to complete the same two-part registration and accept the nomination as the physician’s delegate.