Sunshine Act
The Sunshine Act, also known as Open Payments, is a federal law enacted as part of the Affordable Care Act (ACA) that requires certain manufacturers of covered drugs, medical devices, and biologics or medical supplies to collect and report detailed information about payments and other "transfers of value" worth more than $10 from manufacturers to certain health care providers and teaching hospitals. The Centers for Medicare and Medicaid Services (CMS) collects this information annually from manufacturers and makes it publicly available online on the Open Payments website.
As of January 2021, CMS updated the health care provider definition to include: any physician, physician associate, nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, anesthesiologist assistant, or certified nurse midwife and teaching hospitals.
The Open Payments database provides information about payments made by industry but does not seek to explain or make judgments about which, if any of those relationships, are potentially problematic. Relationships with industry are not inherently suspect and public insight into those relationships is welcome and represents an important opportunity to begin a discussion with patients about health care innovation and advancing health and patient care through productive and principled partnerships with industry.
Frequently asked questions
Payments or other "transfers of value" (such as donations of items) made to teaching hospitals like OHSU, and to health care providers with an active license, including any physician, physician associate, nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, anesthesiologist assistant, or certified nurse-midwife, by manufacturers of drugs, devices, biologicals or medical supplies, must be reported. In addition, ownership or investment interests held by health care providers or their immediate family members in applicable manufacturers and Group Purchasing Organizations (GPOs) and payments or transfers of value made under these arrangements.
Congress enacted the Sunshine Act to make health care more transparent, so patients can be aware of relationships that health care providers have with industry, such as manufacturers of drugs, devices, biologicals or medical supplies and Group Purchasing Organizations (GPOs). Providers often work with the pharmaceutical and medical industry to improve the quality of patient care by developing new ideas and treatments. They also participate in seminars and other education with industry to keep up to date on the newest devices and drugs.
The following are examples of the information about the relationships and activities OHSU and its providers have with manufacturers that would be reported to the public:
Advisory boards: A company that makes dental implants might convene a scientific advisory board to bring together experts to advise on research studies that would test the new formations of implants. A written agreement would outline payments the dentist will receive for serving on the advisory board. These payments would appear as consulting fees in the Open Payments database. Travel, lodging, food and beverage, if received in association with advisory board participation, also would be reported in the database.
Clinical trials: As a research-oriented health and science university, OHSU frequently participates in clinical trials. For example, your doctor might be an investigator for a clinical trial testing the effectiveness of a new cancer drug developed by pharmaceutical company. Before the trial begins, the company may ask investigators to attend training about this research project. The company would pay for the OHSU investigator's travel, food and lodging. These expenses would be reported in the Open Payments database. Also, the money the company pays to OHSU to conduct the clinical trial (for example, to pay for participants' medical tests and clinic visits that are part of the research) would be reported in the Open Payments database as research payments to OHSU.
Consulting: A medical device company might ask an OHSU orthopedic surgeon who is an expert on lower back surgeries to provide consulting services on a new device it is developing. This consulting would be arranged through a written agreement, outlining the payments the surgeon will receive. The payments would then appear as consulting fees in the Open Payments database. If travel or lodging is also associated with the consulting work, those payments would be reported as well.
Any type of payments or transfers of value to health care providers. Some examples include (this is not a complete list):
- Consulting fees
- Compensation for services other than consulting, such as speaker fees
- Gifts
- Entertainment
- Food and beverage
- Travel and lodging
- Educational materials including journal reprints
- Ownership & Investment Interest
- Debt forgiveness
- Honoraria for speaking at Certified and accredited CME programs
The following types of payments are exempt from reporting:
- Educational materials that directly benefit patients
- Buffet meals provided to all participants of a large-scale conference
- Discounts or in-kind items for the provision of charity care
Examples of reportable payments to teaching hospitals include:
- Research
- Charitable Contributions
- Royalty or license
- Grants
- Space rental or facility fees
- Equipment / Device loans when over 90 days
Note: Even indirect payments to health care providers and teaching hospitals must be reported. For example, if the manufacturer provides a payment to the OHSU Foundation that is directed for the use of a specific health care provider, that payment will be reported in the open payments database as an indirect payment to that provider.
Individual departments and the OHSU Integrity Office monitor and manage the relationships between OHSU health care providers and industry through policies and review procedures that ensure the responsible conduct of OHSU and its providers. OHSU values the trust the public places in it to uphold and advance the missions of teaching, healing and discovery.
Yes. OHSU welcomes the information made available to the public through the Open Payments website. Accurate information helps patients decide whether their provider is making independent, sound judgments about their care.
For more information about any payments listed for your provider, talk to your provider. For more information about OHSU's policies, contact the Integrity Office at integrity@ohsu.edu or 503-494-8849.