• The following payments and transfers of value do not have to be reported annually to CMS:

    • Payments/transfers of value for speaking at a CME program that meets each of the following three conditions:
      1. Program meets accreditation/ certification requirements and standards of ACCME, AOA, AMA, AAFP or ADA CERP;
      2. Manufacturer does not select the speaker and does not provide a distinct, identifiable set of individuals to be considered as speakers; and 
      3. Manufacturer does not directly pay the physician speaker with whom it has an existing personal relationship (e.g., one spouse who works for a manufacturer giving a gift to their spouse who is a physician).
    • Those of less than $10 when the total value for the year is less than or equal to $100. (This amount to be adjusted beginning 2014 with the consumer price index)
    • Educational materials that directly benefit patients or are intended for patient use
    • Educational materials including handouts, slides and web downloads included as part of tuition or grant for an educational seminar as long as the material does not promote a drug or device
    • Discounts and rebates
    • In-kind items for the provision of charity care
    • Product samples (including coupons and vouchers) where there is an agreement in writing that the products will be provided to patients
    • Evaluation/demonstration units – of 90 days or less average daily use
    • Items and services provided under a contractual warranty, service or maintenance agreement received by the physician as a patient (e.g., product samples, coupons or vouchers or as a subject in a research study)
    • Payments/value transfers for the provision of health care services provided to a manufacturer’s employees or their family ( e.g., on-site clinic)
    • Payments/value transfers for licensed nonmedical professional services (e.g., a physician-attorney paid only for legal services)
    • Payments/value transfers for services with respect to a civil or criminal action or administrative proceeding (e.g., as an expert witness)