Skip to content

Advocacy Action Center for Members: Federal Policy Updates. Log in to view >

Advocacy Action Center for Members

Federal Policy Updates

Log in to view >

Physician Payment Sunshine Act

The Physician Payments Sunshine Act (Sunshine Act), which is part of the Affordable Care Act (ACA), 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 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 Open Payments program is a national disclosure program that promotes a more transparent and accountable health care system. Open Payments houses a publicly accessible database of payments that reporting entities, including drug and medical device companies, make to covered recipients like physicians.

The majority of the information contained in the reports is available on a public, searchable website. Physicians have the right to review their reports and to challenge data that are false, inaccurate, or misleading.

CMS does not comment on what relationships may be beneficial or potential conflicts of interest. CMS publishes the data as attested to by reporting entities. The data is open to individual interpretation.

Key Dates

FEB 1 - MAR 31

Data Submission for Calendar Year (Note: This refers to the previous calendar year’s data submitted during this annual window)1

APR 1

Physician and Teaching Hospitals Review and Dispute Period Begins

MAY 15

Final Day for Physicians to Initiate Disputes

Final day for physicians to initiate disputes of erroneous data from the calendar year reported for transfers made and ownerships held. If a physician waits until after data have been made public to initiate a dispute, the data will not be flagged as disputed in the public database until CMS updates the information.

JUN 30

CMS will publish payment data and any updates to previous years' data.

Three-Step Verification and Registration Process To Review Data

CMS E-Verification Process

CMS requires a two-part registration process. In part one, physicians are required to complete CMS' e-verification process via the CMS Enterprise Portal (IDM).

  1. Visit the CMS Enterprise Portal and select “New User Registration”.
  2. Accept the terms and conditions, being sure to read the “Consent to monitoring” and “Collection of personal identifiable information” sections.
  3. Fill in all required user information and select “Next”. Follow the instructions to log in.
  4. Select the appropriate user role for your desired access type and follow the on-screen instructions to complete the user role request. You will receive a confirmation email when your user role is established.

CMS has contracted with Experian, a credit-reporting company that also specializes in identity verification, to verify identity. CMS does not access or retain this information. This process involves a soft credit check that does not affect your credit score.

Register with CMS’ Open Payments

  1. Log in to the CMS Enterprise Portal using the credentials you created.
  2. Complete your profile by entering your personal information in the allotted sections.
  3. Review the information you’ve entered and select "submit".

The entire registration process usually takes about 30 minutes and must be finished in a single session. Users cannot save entries or complete their profiles at later times. The system times out after 15 minutes of inactivity and does not have an auto-save feature.

User accounts are locked after 60 days or more of inactivity. To regain access, please call the CMS Open Payments Help Desk at 1-855-326-8366, Monday through Friday, from 8:30 a.m. to 7:30 p.m. (EST).

CMS recommends using the latest versions of Microsoft Edge or Firefox to access the Open Payments system. CMS also cautions users against using their browser’s navigation buttons, which can delete registration data.

If you experience any difficulties while attempting to use the Open Payments system, you can contact the CMS help desk via email or phone at (855) 326-8366.

Review and Dispute Data

In Step 3 during the review and dispute period (April 1-May 15), physicians can request their individual report, review it, and dispute inaccuracies in data submitted. CMS has indicated that it will not resolve disputes, but errors can be reported to manufacturers through the Open Payments System or directly through Open Payments contacts listed on most manufacturer websites. OPS 2.0 includes several improvements to make reviewing and disputing your data faster and easier.

Disputes resolved by May 15 will be published as non-disputed; disputes not resolved by May 15 will be published as disputed. Disputes initiated or resolved after the full review period will not be reflected in the initial publication.

Physicians who have no data reported by industry should receive the following message when clicking on the review/affirm/dispute tab:

"You have the following errors on the page: There are no results that match the specified search criteria."

Additional Resources

Medical leadership for mind, brain and body.

Join Today