S. 2891Senate115th Congress (2017-2019)In Committee

Fighting the Opioid Epidemic with Sunshine Act of 2018

Introduced May 22, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:57 PM UTC

The Fighting the Opioid Epidemic with Sunshine Act of 2018 expands the federal transparency program that tracks payments from drug and device makers to health‑care providers. It adds several types of advanced practice nurses—physician assistants, nurse practitioners, clinical nurse specialists, certified nurse‑anesthetists, and certified nurse‑midwives—to the list of professionals whose payments must be disclosed. The changes aim to give the public a clearer picture of financial relationships that could influence prescribing, especially for opioids.

Key Provisions

  • Amends the Open Payments rules (section 1128G) to require drug and device manufacturers to report any payments they make to physician assistants, nurse practitioners, clinical nurse specialists, certified registered nurse anesthetists, and certified nurse‑midwives.
  • The new reporting requirement takes effect for data submitted on or after Jan. 1, 2020.
  • Changes language about the National Provider Identifier so that the prior exemption (that the NPI could be omitted) ends for reports filed after Jan. 1, 2020.
  • Excludes Chapter 35 of Title 44 of the U.S. Code from applying to this section and its amendments.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

May 22, 2018

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SenateIntro Referral

Introduced in Senate

May 22, 2018

SenateIntro Referral

Read twice and referred to the Committee on Finance.

May 22, 2018

Bill Text

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Introduced in SenateIssued May 22, 2018

II

115th CONGRESS

2d Session

S. 2891

IN THE SENATE OF THE UNITED STATES

May 22, 2018

Mr. Grassley (for himself, Mr. Brown, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title XI of the Social Security Act to require applicable manufacturers to include information regarding payments made to physician assistants, nurse practitioners, and other advance practice nurses in transparency reports submitted under section 1128G of such Act.

1.

Short title

This Act may be cited as the Fighting the Opioid Epidemic with Sunshine Act of 2018.

2.

Improvements to transparency reports

(a)

Inclusion of information regarding payments to advance practice nurses

(1)

In general

Section 1128G(e)(6) of the Social Security Act (42 U.S.C. 1320a–7h(e)(6)) is amended—

(A)

in subparagraph (A), by adding at the end the following new clauses:

(iii)

A physician assistant, nurse practitioner, or clinical nurse specialist (as such terms are defined in section 1861(aa)(5)).

(iv)

A certified registered nurse anesthetist (as defined in section 1861(bb)(2)).

(v)

A certified nurse-midwife (as defined in section 1861(gg)(2)).

; and

(B)

in subparagraph (B), by inserting , physician assistant, nurse practitioner, clinical nurse specialist, certified nurse anesthetist, or certified nurse-midwife after physician.

(2)

Effective date

The amendments made by this subsection shall apply with respect to information required to be submitted under section 1128G of the Social Security Act (42 U.S.C. 1320a–7h) on or after January 1, 2020.

(b)

Sunset of exclusion of National Provider Identifier of covered recipient in information made publicly available

Section 1128G(c)(1)(C)(viii) of the Social Security Act (42 U.S.C. 1320a–7h(c)(1)(C)(viii)) is amended by striking does not contain and inserting in the case of information made available under this subparagraph prior to January 1, 2020, does not contain.

(c)

Administration

Chapter 35 of title 44, United States Code, shall not apply to this section or the amendments made by this section.