Sunshine Act Task Force


ISMPP established the Sunshine Act Task Force to follow the issues, understand the details and implications, and, most importantly, provide information and tools to our membership with respect to medical publications and the Sunshine Act, Section 6002, Transparency Reports and Reporting of Physician Ownership or Investment Interests of the Patient Protection and Affordable Care Act, referred to as the National Physician Payment Transparency Program: Open Payments. 

Update on Sunshine Act Interpretation, February 2014

ISMPP has prepared an update on the interpretation of the Sunshine Act Rules for Implementation. This update addresses several points of view: yes publications support is a reportable TOV, no it is not, and it depends on the circumstances. Details for each of these interpretations are covered in the document. As you read the document, please bear in mind that based on the differing interpretations by industry companies, there may be other categories of interpretation that are not covered.

Click here to view the update prepared by the ISMPP Sunshine Act Task Force on interpretation of the Sunshine Act.

ISMPP Sunshine Act Task Force Suggestions Document, August 2013

Click here to view the Task Force’s suggested approaches for interpretation and implementation of the Sunshine Act requirements.      

Disclaimer: The approaches and suggestions regarding interpretation and implementation of the Sunshine Act offered to ISMPP members are based on the research of the Task Force and should not be construed as legal advice. Members are advised to seek individual legal guidance on how their company interprets the law.

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UPDATE TO SUNSHINE TIMELINE: Phase I (registration) and Phase II (detailed data reporting) are now closed. CMS has provided a detailed update for the dispute-resolution timeline and associated activities. 
Review and Dispute Period

The Review and Dispute period began on July 14 and is scheduled to end on August 27, 2014. During this time, registered physicians and teaching hospitals may review and dispute data submitted about them by applicable manufacturers and GPOs before public release on September 30, 2014. Applicable manufacturers and applicable GPOs can see disputes and make corrections prior to public release.

Resolution Period

The Resolution Period begins on August 28 and is scheduled to end on September 11, 2014. If no resolution is reached, the data will be published as submitted with a note that it is under dispute. The data can be back-corrected during CMS’ annual update period.

Public access to data

As noted above, according to CMS, the data will be made public on September 30, 2014.

Dispute-Resolution Activities

In May, CMS issued a call for comments on the dispute-resolution process with a deadline of June 2 for submission; 38 comments were received. A full listing of the comments can be found by clicking here 

Click here for the most current information on the CMS Open Payments website.

Disclaimer: CMS updates its website frequently. ISMPP will make every effort to keep the information on our site as current as possible.

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Contact Us

We encourage you to submit your questions, comments, and/or concerns regarding the Sunshine Act and Open Payments Program and its impact on medical publications. We’d also like to hear from you about what you and/or your organization has done or is in the process of implementing to meet the reporting requirements. Please email us at:

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Sunshine Act
Task Force Members

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