In addition to the guidelines and legal memorandum, the CME Coalition has been active in getting clarification of the final regulations on the issues noted above and several other areas. The recent FAQs posted by CMS have provided needed clarification to CME providers and stakeholders to ensure that physician speakers and faculty, physician-attendees, and manufacturers can live in harmony with the Sunshine Act, without chilling physician-industry participation in the CME enterprise.

Despite this additional clarity, many nuanced questions around Sunshine reporting remain. To address these uncertainties, the www.cmecoalition.org CME Coalition has an area on its Web site dedicated to answering questions around CME and the Sunshine Act.

Ultimately, the goal of the Sunshine Act is to bring transparency to payments between physicians and manufacturers, not to regulate the way manufacturers do business. Given the tremendous impact accredited CME has on improving patient outcomes and ensuring physicians are up-to-date on new clinical and scientific data, it will be incumbent on CMS to ensure that its final regulations do not overly burden CME providers and stakeholders.    


*Abraham Gitterman is admitted only in Pennsylvania and New Jersey. The content of this article is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by jurisdiction, and the information on this Web site may not apply to every reader. You should not take, or refrain from taking, any legal action based upon the information contained in this article without first seeking professional counsel. Your use of this article does not create an attorney-client relationship between you and Arnold & Porter LLP.