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'Transfer of value' regulations issued

ADA CERP speakers exempted

February 13, 2013

By Craig Palmer, ADA News staff

Washington—The Association is reviewing transparency regulations that require reporting of certain payments or transfers of value to covered physicians and teaching hospitals. Dentists are not exempt from the Sunshine Act final rule published in the
Feb. 8 Federal Register.

The final rule will require applicable manufacturers of drugs, devices, biological or medical supplies covered by Medicare, Medicaid or the Children's Health Insurance Program to report payments and gifts to physicians, defined to include dentists, and teaching hospitals. The Centers for Medicare & Medicaid Services will make the information publicly available on a website. Payments or other transfers of value to residents, including residents in medicine, osteopathy, dentistry, podiatry, optometry and chiropractic, will not be required to be reported.

Additionally, applicable manufacturers and applicable group purchasing organizations are required to report annually certain ownership or investment interests held by physicians or their family members.

However, the final rule created an exemption for compensation for speakers at continuing education programs accredited through the American Dental Association's Continuing Education Recognition Programs if certain conditions are met:

• it is an ADA CERP event at which the covered recipient is speaking;
• the applicable manufacturer does not pay the covered recipient speaker directly;
• the applicable manufacturer does not select the covered recipient speaker or provide the continuing education vendor with a distinct, identifiable set of individuals to be considered as speakers for the CE program.

The effective date of the final rule is April 9, 2013, but applicable manufacturers and group purchasing organizations do not have to begin collecting the required data until August 1, 2013. The Association plans to update this information as the regulations take effect and reporting begins.