Sunshine

This is a list of pharmaceutical companies and device manufacturers and their requirements related to the Physicians Payments Sunshine Act for accredited (ACCME, AOA, AMA, AAFP, or ADA CERP) CME providers and CME-certified activities. It does not include information for non-certified activities. This list is meant to be a brief summary and represents my personal understanding of the requirements from these organizations, written in my own words. For specific information, I encourage you to directly contact the companies below. I will update this page as often as I am able.

AbbVie
Grant funds may not be used for meals.

Actelion
Grant funds used to cover the cost of meals need to be reported for covered recipients.

Alkermes**
Grant funds may be used for modest large buffet meals, snacks or coffee that are made available to all conference attendees and where the identity of the physicians is not separately identifiable

Allergan
Grant funds may be used for buffet or boxed meals for an activity with more than 50 attendees with no reporting requirements. Grant funds may be used for buffet or boxed meals for an activity with 50 or less attendees, but with reporting requirements. Grant funds may be used for plated meals, but with reporting requirements regardless of the number of participants.

Aptalis
Grant funds may not be used for meals.

Astellas
No specific requirements listed. On their Independent Medical Education (IME) and Charitable Donations Grant Management System (AGMS) home page, it states that “the Grant Applicant/Education Partner is responsible to report to Astellas all appropriate payments to covered recipients for all approved grants. These payments will be captured at the time of grant reconciliation (45 days after the end of the activity) and submitted to Astellas in addition to other required documentation.”

AstraZeneca
AZ will provide customized LOA with specific details on what is reportable/non-reportable. As a general guideline, grant funds may be used for buffet or boxed meals for an activity with more than 50 attendees with no reporting requirements, but not 100% of the time. This slide shows several different scenarios, some of which are or may be reportable. On the General Application page, The last bullet under “Minimal Requirements & Available Templates” has a link to Screening Questions which is a 4-page question form about the PPSA.

BMS
Grant funds may not be used for meals (or any food/beverages) for an activity with less than 100 attendees. Grant funds may be used for buffet meals for activities with more than 100 attendees.

Boehringer Ingelheim
Grant funds used to cover the cost of meals need to be reported for covered recipients. Grant funds used to cover partial cost of meals of any type will need to be reported for covered recipients for the amount covered. If entire cost of meal is covered by registration fees, no reporting is necessary. The exception of where buffet meals DO NOT need to be reported, are described as large buffet meals, snacks or coffee that are made available to all conference attendees and where it would be difficult to establish the identity of the physicians, who partook in the meal or snack. This exception does not apply to meals provided to select attendees at a conference where the identity of the attendees can be established. BIPI’s interpretation of a “large buffet“ is more than 50 attendees. Click here to see their very informative Medical Education Grants “Sunshine” Reporting Requirements.

Boston Scientific
Grant funds may not be used for any meals, travel, lodging, or non-educational items for attendees.

Celgene
Grant funds may be used for plated meals, but you will need to report information for covered recipients.

Covidien
Grant funds may be used for large-scale buffet meals. Grant funds may not be used for plated meals.

Cubist
Grant funds may not be used for meals.

Daiichi Sankyo
According to a recent LOA I received, grant funds may not be used for any meals. I cannot confirm that that is the policy for all CME activities or just the specific one related to the LOA.

Eisai
Grant funds may not be used for meals of any type.

Ethicon
Grant funds may not be used for meals of any type.

Exelixis
Grant funds may not be used for meals.

Genentech
If you can track the physician who directly consumed the meal, it is reportable. If you cannot track the physician who directly consumed the meal, it is not reportable. As a general guideline, large programs may be considered “untrackable”; small programs may be considered “trackable”. Genentech will not dictate specifics. Visit their Sunshine webpage here.

Gilead
No specific requirements listed. In their Physician Payments Sunshine Act (OPEN PAYMENTS) Background and Frequently Asked Questions document it states that reporting is not required for ”physician participants who are not easily identifiable (e.g., attendees at a large conference or educational event)”.

Hospira
No specific requirements listed other than the usual exemption criteria.

Janssen Biotech
Grant funds may not be used for meals of any type.

Lilly
Grant funds may be used for buffet meals provided to a planned audience size of 50+. Grant funds may not be used for meals provided to a planned audience size of 50 or less.

Merck
Grant funds may be used for plated meals, but you will need to report information for covered recipients. Grant funds may be used for buffet meals, but you will need to report information for covered recipients if less than 50 attendees are present.

Millennium
Grant funds may not be used for plated meals. Grant funds may be used for modest buffet meals at conferences. Click here to visit their Sunshine Act page.

Mylan Specialty, L.P.
No grant funds for any meals.

Novartis
Not many specifics given. It seems to me that they are saying that any meals given to physician participants are reportable. At the conclusion of your program, you will be required to confirm if any Novartis funds were paid or given as items of value to a physician or teaching hospital, as defined by CMS. If yes, you will be asked to complete a form with the details needed to report the spend to CMS. Transfers of value include direct payment or honoraria, meals, travel, gifts, etc. Exceptions: honoraria, meals and transfers of value for physician faculty of certain accredited educational programs are not required to be reported.

Novartis Vaccines
Grants may not be used to fund food or beverage costs.

Olympus
Grant funds may not be used for meals of any type.

Otsuka
Grant funds may not be used for meals of any type.

Pfizer
Grant funds may not be used for meals of any type. Read full text here.

Regeneron
Grant funds may not be used for any meals, refreshments, or travel expenses for program attendees.

Sanofi Pasteur
Grant funds may not be used for meals.

Shire
Grant funds may be used for buffet meals only. More information coming soon.

Teva
“Prefers” grant funds not be used for meals of any type.

The Medicines Company
Grant funds may not be used for meals.

Thoratec
No specific requirements mentioned, but it seems they are considering any grant funds used for meals as reportable. Read their Sunshine Act Compliance policy here (section 12).

UCB
Grant funds may be used for buffet or boxed meals. Read full text here.

**Last updated: 5-8-14