Dawn of Sunshine Act Postponed to 2013

The Centers for Medicare & Medicaid Services (CMS) is postponing until 2013 the collection of data mandated by the Physician Payments Sunshine Act. CMS missed the implementation deadline of October 2011, and instead released draft regulations that solicited strong reactions from stakeholders.

Part of the health care reform law, the law is intended to shed light on financial relationships between physicians and drug and medical device makers by collecting public accessible data on monies or gifts valued at more than $10 given to physicians by drug and device manufacturers.

According to a Dec. 14, 2011 press release announcing the release of the proposed rule, CMS said that, depending on the timing of the final rule, it is proposing manufacturers and group purchasing organizations (GPOs) be required to submit partial-year data beginning March 31, 2013. After that, the agency would aggregate the data “at the individual physician and teaching hospital level,” before then providing a 45-day review period for physicians and other covered entities to contest any data with which they do not agree. The results will be made available to the public by Sept. 30, 2013.

CMS says the delay is necessary to give reporting organizations time to prepare and for the agency to digest public comments. The notice of proposed rule making requesting the 60-day comment period was published 11 days before the original implementation date.


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