Connecticut Transparency Law: Manufacturers Must Only Report Payments to APRNs Practicing Independently
Manufacturers must report quarterly on their transfers of value made to advance practice registered nurses (APRNs) practicing in Connecticut. This group includes nurse practitioners, clinical nurse specialists, nurse anesthetists, and nurse midwives. APRNs are excluded from the reporting obligations under the Federal Physician Payments Sunshine Act, but Connecticut passed this disclosure requirement as part of a new law allowing APRNs to practice and prescribe independently of physicians.
Proposed Bill No. 257 complicates the reporting obligations in Connecticut by requiring that applicable manufacturers only report on transfers of value made to APRNs who are indeed practicing independently.
AN ACT CONCERNING REPORTING OF PAYMENTS BY MANUFACTURERS TO INDEPENDENTLY-PRACTICING ADVANCED PRACTICE REGISTERED NURSES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
That section 21a-70f of the general statutes be amended to require an applicable manufacturer of a covered drug, device, biological or medical supply to report only those payments or other transfers of value made to an advanced practice registered nurse who practices independently.
Statement of Purpose:
To clarify that section 21a-70f of the general statutes requires manufacturers to report only information on advanced practice registered nurses in independent practice.
Public Act No. 14-12 first provided APRNs with independence last year. It stated that an advanced practice registered nurse having…maintained [his/her] license for a period of not less than three years, and…engaged in the performance of advanced practice level nursing activities in collaboration with a physician for a period of not less than three years…may, thereafter, alone or in collaboration with a physician or another health care provider licensed to practice in this state perform diagnoses, and prescribe, dispense and administer medical therapeutics and corrective measures and dispense drugs in the form of professional samples.
The language of the Act also included a Sunshine provision for APRNs, but did not specify whether this was for all nurse practioners or only those that had worked for longer than three years and were working independently:
Not later than July 1, 2015, and quarterly thereafter, an applicable manufacturer that provides a payment or other transfer of value to an advanced practice registered nurse, who is practicing in the state, shall submit to the Commissioner of Consumer Protection, in the form and manner prescribed by the commissioner, the information described in 42 USC 1320a-7h, as amended from time to time.
Proposed Bill 257 makes it clear that manufacturers must keep track of which APRNs have made the decision to work independently and have the ability to prescribe, and only track those payments.
In looking at the Connecticut Department of Public Health website, it's possible that manufacturers will have a list upon which to reference in making their disclosure reports. APRNs must file a Notification of Intent to Practice Independently with the Department. The form states:
By completing this form I am providing written notice to the Department of my intention to practice independently and have in my possession the documentation described above. Documentation may include a dated letter from the Connecticut physican(s) that I collaborated with for a period of not less than three (3) years and for not less than 2,000 hours.
Perhaps Connecticut will publish the confirmed list of independent APRNs for manufacturers to reference.
Thanks to Nico Fiorentino, JD, Sr. Advisor, Research & Compliance, G&M Health, LLC for the tip.