ASH Clinical News December 2014 | Page 75

FEATURE Physicians Still Foggy on Accuracy of Sunshine Act Data O n September 30, the Centers for Medicare & Medicaid Services (CMS) released the first round of Open Payments data. More than 4 million payments – valued at almost $3.5 billion – from drug and device companies to physicians and teaching hospitals between August 1 and December 31, 2013, were detailed – valued at almost $3.5 billion. This data release is part of the Physician Payments Sunshine Act, created by the Affordable Care Act, which was designed to increase transparency and accountability in health care by publically listing consulting fees, research grants, travel reimbursement, and other gifts received by physicians and teaching hospitals from manufacturers. However, many physicians are asking the $3.5-billion question: How accurate are the data detailed in the Open Payments system? On the same day as the data release, the American Society of Hematology (ASH) released a statement expressing concerns about these data, pointing out that the data in the system “are only beneficial if they are complete and accurate.” The American Medical Association issued a statement expressing similar sentiments. ASH Clinical News recently spoke with ASH President Linda J. Burns, MD, and Raed Dweik, MD, a lung specialist and chair of the Innovation Management and Conflict of Interest Committee at the Cleveland Clinic, about the Sunshine Act, the initial release of data, and possible improvements to the transparency process in health care. Echoes of Another Problematic Government Website Launch ... A quick refresher of the bumpy road to this data release: To meet the requirements of the Sunshine Act, pharmaceutical and device manufacturers had to submit payment information to CMS in summer 2014. Physicians were not required to register with the website (cms.gov.openpayments), but had to register if they wanted a chance to review – and possibly dispute – any submitted payment information before it was released to the public. (See FIGURE 1 for a simplified breakdown of the process.) CMS originally allotted a 45-day period from July 14 to August 27 for physicians to review and dispute the data, followed by a 15-day correction period. According to Dr. Dweik, the Open Payments system and CMS put together a thorough system designed to properly identify physicians in an attempt to reduce the ASHClinicalNews.org FIGURE 1. Understanding the Open Payments process Source: www.CMS.gov possibility of reporting errors. “When registering for the website, it verified your identity almost like you were getting a credit card,” Dr. Dweik said. “You had to enter your name, Social Security number, medical license number, and answer questions like, for example, ‘Who held your last mortgage?’” Dr. Dweik gave CMS credit for the rigorousness of the registration process. Prior to Open Payments, he said, several websites attempted to provide similar transparency in the health-care industry, but these sites lacked a vetting process and often reported erroneous conflicts of interest for physician “Jane Smith,” who may not have been the correct “Jane Smith” with the conflict. However, this rigorous registration process also carried some drawbacks. According to Dr. Burns, it was a bit frustrating. “I am an educated person and even I had difficulty registering,” Dr. Burns said. “The first time I attempted to access the site I spent about an hour trying to get in, only to have the system go down.” On August 3, within a month of opening the Open Payments system for review and dispute, CMS was forced to pull the site down temporarily after at least one physician reported that the data posted in his profile had been mixed together with the information of another physician with the same name. After resolving a “technical issue,” the Open Payments site was re-opened August 15, and the review period was extended to account for the days when the website was offline. Are These Data Complete and Accurate? Dr. Dweik also spent time registering for and reviewing his list of manufacturer payments on the Open Payments website. Among his payments, he noticed a listing for a lunch that he knew he did not attend, and he entered a dispute for the payment. In an attempt to keep any potential conflicts visible, the Cleveland Clinic maintains a comprehensive conflict-of-interest database for its employees. As chair of its Conflict of Interest Committee, Dr. Dweik was familiar with b