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Kirk Nahra Discusses CMS Open Payments Program as Second Release Date Nears

Bloomberg BNA 
May 21, 2015

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a May 20 Bloomberg BNA article about the Centers for Medicare & Medicaid Services’ (CMS) Open Payments program. On June 30, CMS will release a second round of data on certain payments made by drug and medical device companies to physicians and hospitals.

The program, created by the Affordable Care Act, “seems to be working fine, at least in terms of doing what it set out to do.” Mr. Nahra said. He added that the payment data are flowing from manufacturers to the CMS, but it’s not clear if there’s “a lot of specific upside” to the program.

The Open Payments program may become a source of data for whistleblower lawsuits, according to the article. Mr. Nahra said that while it’s too early to tell, “I expect we will see some, more in terms of supporting pre-existing claims than in creating them, but that will take more time to become visible or measurable.”