CMS Policy Uses Balancing Test to Permit Disclosure of Individual Physicians’ Medicare Payment Data Under FOIA

A recent change to CMS policy will allow for requests of physicians’ individually identifiable Medicare payment information under the Freedom of Information Act (FOIA).  CMS announced that it would begin utilizing a case-by-case analysis in response to FOIA requests to weigh the competing interests between the privacy interest of the individual physician and the public interest in disclosure of the information.  The determination will vary based on the particular facts of the individual case. Previously, CMS took the position that… Read More >