Two Developments in Transparency Reporting

By Jennifer D. Newberger –

Federal Sunshine Law:  On March 31, 2015, CMS issued an email notice that the Open Payments data submission period will remain open until midnight on Friday, April 3, 2015, “to accommodate all applicable manufacturers and group purchasing organizations (GPOs) that are in the final stages of data submission.”  The original deadline for submission was March 31, 2015.

West Virginia:  On March 24, 2015, West Virginia’s Governor, Earl Ray Tomblin, signed into law S.B. No. 267, which repeals the Prescription Drug Advertising Expense Reporting requirement.  That law had required pharmaceutical manufacturers doing business in the state of West Virginia to disclose all expenditures for advertising and promotion of prescription drugs in West Virginia.  The repeal goes into effect on June 11, 2015.  Based on information on the website for the Governor’s Office of Health Enhancement and Lifestyle Planning (GO HELP), and a discussion with a responsible West Virginia official, manufacturers will still be expected to submit reports due on April 1, 2015, for expenditures made in 2014.