Dispute and Correction
Applicable Manufacturers and Group Purchasing Organizations should be aware of changes that became effective when Open Payments expanded on January 1, 2021.
Learn more on the Changes for Reporting Entities page.
Dispute and Correction for Applicable Manufacturers and GPOs
NOTE: For an overview or step-by-step instructions on the review and dispute process, acknowledging and resolving disputes, and the correction and resolution of disputed data, refer to the Resources page.
When an applicable manufacturer or GPO submits records regarding payments, other transfers of value, or physician ownership or investment interests to Open Payments, the associated physician or teaching hospital will have an opportunity to review the data that has been submitted about them prior to publication of the data. If the physician or teaching hospital finds discrepancies with the submitted data, the physician or teaching hospital can initiate a dispute.
If a physician or teaching hospital initiates a dispute, an email notification will be sent to the individual that has been designated as the submitter. Once the dispute is reviewed, it can be resolved in one of three ways:
- Resolved – you update and resubmit the disputed data.
- “Resolve No Change” – indicates that the applicable manufacturer or applicable GPO and the physician or teaching hospital have resolved the dispute in accordance with the guidance in the Final Rule. This action should only be taken when dispute resolution does not require a change to the data by the reporting entity.
- Withdrawn – a physician or teaching hospital can withdraw a dispute initiated against a record.
When a dispute is resolved by making updates to a disputed record(s), you must resubmit and re-attest to the corrected record(s). Once this step is completed, the review and dispute status will automatically be updated to “resolved” in Open Payments. If you determine that no changes need to be made to the disputed record, the status will be updated to “resolved no change” in Open Payments. If a dispute cannot be resolved, then the latest, attested-to data you submitted will be published and marked under dispute.
Remember, it is up to you, the applicable manufacturer or GPO, to work directly with the physician or teaching hospital to resolve any disputes. CMS is not responsible for mediating disputes.
The review and dispute process for June 30 publication is 45 days. Once review and dispute closes, your organization has 15 days to resolve and submit corrections. Disputed data that is not resolved by the end of the 15-day period will be published on the public website, but will be marked as disputed. However, the covered recipient has until the end of the calendar year to initiate a dispute. Any disputes initiated after the review and dispute window has closed will be marked as disputed in the January data refresh.