On Friday, February 1, CMS announced the final regulations to implement the Sunshine Act. Listening to the majority of comments with respect to the CME industry, CMS exempted payments provided as compensation for speaking at a continuing education if certain conditions are met—which are consistent with the ACCME’s accreditation standards and standards for commercial support. The final rule is available here.
The CME Coalition released this press release applauding CMS decision.
We believe that this decision recognizes the adequacy of current protections against bias in CME, and acknowledges CME’s special role in educating physicians and improving patient outcomes. By limiting CME support payments from the reporting rules required of direct physician payments, CMS has made it clear that pharmaceutical companies, medical device manufacturers, and other commercial supporters should not be discouraged from underwriting accredited CME activities.
Medical Marketing and Media, one of most active news outlets covering the Physician Payment Sunshine Act, cited the CME Coalition in a recent article discussing the final regulations implementing the law.
The CME Coalition said in a statement: "This decision recognizes the adequacy of current protections against inappropriate bias in CME, and acknowledges CME's special role in educating physicians and improving patient outcomes. Further, by limiting CME support payments from the reporting rules required of direct physician payments, CMS has made it clear that pharmaceutical companies, medical device manufacturers and other commercial supporters should not be discouraged from underwriting accredited CME activities."
In an article discussing the Final Rule on the Physician Payment Sunshine Act, Inside Health Policy noted the exception for accredited CME as one a key amendments to the proposed rule. By limiting CME support payments from the reporting rules required of direct physician payments, CMS has made it clear that pharmaceutical companies, medical device manufacturers, and other commercial supporters should not be discouraged from underwriting accredited CME activities.
Further, the final rule limits the reporting requirements for continuing medical education, excluding accredited CME activities that meet the definition of “indirect payments” from the law. The move drew praise from a key stakeholder group, which said the decision recognizes the adequacy of current protections against inappropriate bias in CME, and makes clear that industry should not be discouraged from underwriting accredited CME activities.
