Open Payments Program Expansion
On October 24, 2018 President Trump signed the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act). This Act impacts Open Payments by expanding the definition of a covered recipient to include five additional provider types. The added provider types are: physician assistants, nurse practitioners, clinical nurse specialists, certified registered nurse anesthetists, and certified nurse midwives.
The Act also enables CMS to publish National Provider Identifiers (NPIs).
Additional Proposed Rules
CMS is also proposing updates to the Nature of Payment categories, and standardizing data on reported covered drugs, devices, biologicals, or medical supplies.
The expanded definition of a covered recipient applies to information required to be submitted on or after January 1, 2022. CMS proposes this as well as the other changes listed above, be effective for data collected beginning in calendar year 2021 as this data will be reported to CMS in 2022.
Rule Posted For Public Comment
The provisions of the SUPPORT Act that impact the Open Payments program and the additional proposed CMS changes appear as a rider to the 2020 Physician Fee Schedule. The CY 2020 Medicare Physician Fee Schedule Proposed Rule with comment period was placed on display at the Federal Register on July 29, 2019.
CMS will accept comments on the proposed rule until September 27, 2019 and will respond to comments in the final rule. The proposed rule can be downloaded from the Federal Register at: https://www.federalregister. gov/documents/2019/08/14/2019- 16041/medicare-program-cy- 2020-revisions-to-payment- policies-under-the-physician- fee-schedule-and-other.
CMS will accept comments on the proposed rule until September 27, 2019 and will respond to comments in the final rule. The proposed rule can be downloaded from the Federal Register at: https://www.federalregister.
For further information please visit the Open Payments Law and Policy Page
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