West Coast Region - Los Angeles

California AB 1278 - CMS Open Payments Notice Requirement

  • 1.  California AB 1278 - CMS Open Payments Notice Requirement

    Posted 12-29-2022 04:09 PM
    I'd like to get thoughts and feedback on how California healthcare organizations are addressing AB 1278 requiring "physicians and surgeons" to provide written notice of the how to access CMS's Open Payments database.  It also requires a posting "in an area likely to be seen by all persons who enter the office".  The notice has to contain the following text:
    "The Open Payments database is federal tool used to search payments made by drug and device companies to physicians and teaching hospitals.  It can be found at https://openpaymentsdata.cms.gov"

    I wanted to confirm my understanding that:
    (1) this would apply to physician offices and clinics only?
    (2) the notice text can be incorporated in current paper or electronic registration materials patients currently sign?
    (3) if anyone has heard when the enforcement date for this will be and what penalties? The language of bill simply says "a violation of this article shall constitute unprofessional conduct."

    Appreciate any feedback.  
    -Anup

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    Anup Patel
    VP, Enterprise Risk Management/Corporate Compliance
    Presbyterian InterCmnty Hosp
    Whittier,CA
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