Re: Agency Information Collection Activities: Submission for OMB Review; Comment
Request [Document Identifier: CMS–10495]
Dear Ms. Tavenner:
On behalf of the American Association of Neurological Surgeons (AANS) and the Congress of
Neurological Surgeons (CNS) we appreciate the opportunity to provide comments on the above
referenced document regarding the process the Centers for Medicare and Medicaid Services (CMS) will
use to manage inaccuracies in manufacturer reports of payment to physicians in the newly established
CMS Open Payment System. We echo the comments from the American Medical Association (AMA)
and other specialty societies in urging the Office of Management and Budget (OMB) and CMS to review
and reconsider its plan to publish disputed information regarding industry payments to physicians. We
have confidence that the following recommendations to modify the proposed procedures are in keeping
with the original intent of Congress, respect the due process rights of physicians, and will make the Open
Payment system stronger for physicians, manufacturers, CMS and the public.
Additional Time for Review
The AANS and CNS urge CMS to allow more time for physicians to register in the Open Payment system
before their information is made public. The agency delayed publication of the regulations and
attempted to expand the purview beyond the strict limits of the law and is now rushing to have the data
published by September 30, 2014. The two-step physician registration is confusing and the dispute
process unclear. Despite several years of Sunshine Act information in the lay press and specialty
society education efforts, the reality is that physicians are increasingly inundated with regulatory
requirements and other paperwork unrelated to direct patient care and need adequate time to register,
review, and correct their data. We believe allowing this additional time now will maximize physician
registration. A reasonable delay for increased education is better than having many physicians discover
their data only when they see their name and potentially inaccurate information published in the local
newspaper. The idea of a small window for review, only 45 days, is unrealistic and unworkable. CMS
has stated that they would not be contacting individual physicians to notify them when industry submits
information of payments in their name and has instead said they would provide specialty societies with
information to educate their members. As such, we join the AMA and the physician community in
strongly urging CMS and OMB to delay for at least six months the publication of any physician
data.
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