March 7, 2013
The long-awaited Physician Payment Sunshine Act final rule has been issued, as well as responses from the Centers for Medicare & Medicaid Services (CMS) to over 350 public comments submitted in response to the proposed rule. The final rule was published in the Federal Register on February 8, 2013.
Click here to view the final rule.
The Physician Payment Sunshine Act, which was passed as part of the Affordable Care Act in 2010, is intended to promote transparency of physician ownership and investment interests in health care manufacturers and group purchasing organizations (GPOs). Applicable manufacturers and GPOs will be required to annually report certain financial relationships with physicians, their immediate family members and teaching hospitals for the preceding year. CMS will then post the information on a public webpage which will be searchable and will have the ability to download content.
September 14, 2012
By Robert E. Wanerman
of Epstein Becker & Green
The Physician Payment Sunshine Act, which was incorporated into Section 6002 of the Affordable Care Act, requires pharmaceutical, medical device, biological and medical supply manufacturers to file annual reports on payments to physicians and teaching hospitals. Despite the requirement in the law that manufacturers submit their first report in March 2013 disclosing payments made during 2012, two events have pushed back that obligation or taken the sting out of noncompliance.
First, although Centers for Medicare & Medicaid Services (CMS) was required to publish standards for reporting information and making that information available online to the public, it has yet to publish final regulations. As recently as May 2012, it posted a blog notice on its website announcing that manufacturers will not be required to start collecting data until January 1, 2013. The reason given for the delay was that it simply needed time to sort through the over 300 comments that were received.