The Physician Payments Sunshine Act (Sunshine Act) requires manufacturers of drugs, medical devices and biologicals that participate in U.S. federal health care programs to report certain payments and items of value given to physicians and teaching hospitals.
Manufacturers are required to collect and track payment, transfer and ownership information beginning Aug. 1, 2013. Manufacturers will submit the reports to the Centers for Medicare & Medicaid Services (CMS) on an annual basis. In addition, manufacturers and group purchasing organizations (GPOs) must report certain ownership interests held by physicians and their immediate family members.
The majority of the information contained in the reports will be available on a public, searchable website.
Financial Transfers that Are Subject to Reporting:
- Direct. Manufacturers of a drug, device, biological, or medical supplies participating in federal health care programs will have to report to CMS any direct payments or transfers of value to physicians and/or teaching hospitals of $10 or more. However, there are 12 exceptions where a direct payment or transfer of value is not subject to reporting. These include product samples and educational materials that directly benefit patients.
- Indirect. Transfers that are not made directly to physicians. These are categorized as third party transfers and other types of indirect transfers.
- Third party transfers are those where a physician does not receive the payment or transfer. For example, a physician (or someone acting on his or her behalf) may specify that a transfer of value should be given to another person or entity, such as a preferred charity.
- Other types of indirect transfers occur when an entity transfers value to a physician indirectly by way of a third party or intermediary. A good example would be when a pharmaceutical company makes a payment to a physician organization and then requires, instructs, or directs the payment or transfer of value to be provided to a specific physician or intended for physicians (in the latter case without regard to whether specific physicians are identified in advance).
Review & Public Reports: The majority of the information contained in the transparency reports will be available on a public, searchable website. By statute, physicians are provided, at a minimum, 45 days to review their own consolidated transparency report and make corrections before the report is made public. Physicians have additional time, cumulatively two years, to dispute reports even after the reports are made public. If a physician utilizes the dispute process, the public data will be marked as disputed in the public database.
Dr. Winter has participated in relationships with certain pharmaceutical companies and continues to do so today. He has served as a paid consultant and/or as a paid speaker for several pharmaceutical companies. These companies include:
Dr. Winter does see pharmaceutical representatives in his office and allows representatives to leave medication samples for his patients. Dr. Winter will occasionally meet with these representatives and allow them to provide a modest lunch for both himself and his staff. Dr. Winter's office does not receive gifts or any other form of branded items (pens, clipboards, note pads, etc.) from pharmaceutical companies. He does occasionally travel only when it relates to a speaker presentation.
For more information about the Sunshine Act click the links below:
Sunshine Act and Physicians (Centers for Medicare and Medicaid Services)
The American Medical Association and the Sunshine Act (The American Medical Association)
For Dr. Winter's CMS Portal Profile: https://openpaymentsdata.cms.gov/physician/265638/summary
Dr. Winter's summary pages are listed below:
Originally posted: 3/26/2014
Last updated: 1/17/2018
Last updated: 1/17/2018