Daniel Gottlieb Quoted in “Strategic Perspectives: What Will the Sunshine Act Do to the Cloud of Physician Payments?”

Health Reform WK-EDGE

Daniel G. Gottlieb, Associate in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, was quoted in Health Reform WK-EDGE, in “Strategic Perspectives: What Will the Sunshine Act Do to the Cloud of Physician Payments?” by Bryant Storm.

Following is an excerpt:

Despite the setbacks, all is not lost for the Open Payments System. In an interview with Wolters Kluwer, Dan Gottlieb, an attorney at Epstein Becker Green, who focuses his practice on health care matters impacting the medical technology and life sciences industry, stated that the Open Payments System website “is in the running for the best website CMS was required to create under the ACA.” Although the praise is qualified by the criticism that surrounded the healthcare.gov launch, CMS has made notable efforts to improve the Sunshine Act site. In part due to a search function that CMS included after the initial rollout to allow a more user friendly interaction with the massive dataset, CMS has “presented the data in a more manageable format” and has eliminated from the search results “a lot of information that may be helpful for the collector and the enforcement authorities, but is not likely to be helpful to most users,” Gottlieb explained. …

According to Gottlieb, for medical device and pharmaceutical manufacturers, “the most evident negative impacts are the costs associated with complying with the reporting requirements and some of the negative press that resulted from how the initial data was reported.” Additionally, Gottlieb noted, “there will be situations where some companies, that did nothing improper, are investigated solely based on the dollar amounts associated with their relationships with physicians.”