Reconstructive Review (Oct 2013)
Physician Payment Sunshine Act: Orthopedic Surgeons What You Should Know
Abstract
Despite the overwhelming benefits that physician-industry collaboration and innovation have created over the last century, politicians, members of academia, and other public citizen groups have increasingly expressed their concern that physician-industry relationships may raise ethical issues, such as potential conflicts of interest. As a result of these concerns, Congress passed the Physician Payments Sunshine Act (“Sunshine Act”), section 6002 of the Affordable Care Act, in 2009. The Sunshine Act, now called Open Payments, does not directly change or prohibit relationships between manufacturer’s, physicians or teaching hospitals. Rather, the legislation and regulations require applicable pharmaceutical, biological and device manufacturers and group purchasing organizations (GPO), to report certain payments such entities make to physicians or teaching hospitals.