Open Payments FAQs for COVID-19

Below is the statement published in the spring of 2020 regarding the impact of COVID-19 on the Open Payments program.

Open Payments Pre-Publication Review and Dispute

CMS is aware that the COVID-19 pandemic is greatly impacting the healthcare community as a whole.

CMS does not have the authority to postpone the Open Payments data publication deadline of June 30 (42 U.S.C § 1320a–7h(c)(1)(C)). Given this statutory requirement for Open Payments data publication, and resource constraints that limit CMS’s ability to deviate from the established schedule for the covered recipient pre-publication review and dispute period, the covered recipient pre-publication review and dispute period will remain April 1, 2020 – May 15, 2020.

While CMS cannot extend the pre-publication review and dispute period, we note that covered recipient review and dispute actions can be completed within the Open Payments system throughout the calendar year. Disputes initiated by the pre-publication review and dispute deadline of May 15, 2020 will be reflected in the June 2020 data publication. Disputes initiated after the pre-publication review and dispute period will be reflected in a later data refresh. Covered recipients may review and if necessary dispute their attributed data through December 31, 2020.

For more information on the review and dispute timing and data publication refer to the Review and Dispute Timing and Data Publication Quick Reference Guide (PDF).

Covered recipient review and dispute actions are voluntary and are not required under the statute.

CMS understands the healthcare community is working tirelessly to respond to the COVID-19 pandemic and appreciates the dedication of healthcare providers during this time. We remain committed to ensuring covered recipients are aware of and take advantage of their opportunity to review their data and dispute it if needed.

Open Payments Data Submission

CMS is aware that the COVID-19 pandemic may impact some reporting entities and may affect their ability to submit records to the Open Payments Program on or before March 31, 2020.

CMS does not have the authority to waive the statutorily mandated requirement that Open Payments reporting be completed by the 90th day of the calendar year (see 42 U.S.C. § 1320a–7h(a)(1)(A) and 42 U.S.C § 1320a–7h(a)(2)) or to postpone the publication deadline of June 30 (42 U.S.C § 1320a–7h(c)(1)(C)). As such, CMS is unable to extend the submission window past the March 31st deadline.

However, CMS is sensitive to the challenges caused by the pandemic and will consider the impact that these circumstances have on reporting entities’ ability to report in a timely, accurate, and complete manner.

CMS will exercise enforcement discretion with respect to submissions completed after the statutory deadline due to circumstances beyond the reporting entity’s control associated with the pandemic. In the assumptions statement, you may explain your organization’s reporting methodologies or reasons for unusual or partial submissions.

If the pandemic has impacted your reporting processes, please include the phrase “COVID-19 Impact” in your assumptions statement alongside the explanation of the circumstances and, if applicable, include reference to any related help desk ticket numbers.

For more assistance

Should you require assistance with the reporting process, or have any questions, please contact the Help Desk at [email protected]. For live assistance, please call Open Payments Help Desk Support at 1-855-326-8366.