CMS: Textbooks and Reprints Do Not Fall Under Sunshine Act Statutory Exclusion

Jan. 10, 2014 – According to a recent article in Policy and Medicine, a letter from Centers for Medicare & Medicaid Services (CMS) Administrator Marilyn Tavenner to several members of Congress states that although CMS agrees that textbooks and medical reprints are educational, “‘we do not believe these materials fall within the statutory exclusion’” of the Physician Payment Sunshine Act. Tavenner issued her letter in response to a letter sent to her in November by 23 congressmen voicing their disagreement with the government’s decision to include textbooks and scientifically peer-reviewed medical journals as “transfers of value” reportable under the Physician Payment Sunshine Act (see related article:

 “This reading of the statute by Ms. Tavenner is a choice by CMS, not a result that is compelled by the words of the statute,” Coalition for Healthcare Communication Executive Director John Kamp told Policy and Medicine. “It’s very disappointing that the Administrator of CMS makes such an unfortunate choice. Quality physician education and patient care point to a much different choice,” he continued.To read the full article, go to: