CMS Delays Sunshine Act Data Collection Requirements

The Centers for Medicare and Medicaid Services (“CMS”) has extended the implementation of the Physician Payments Sunshine Act Physician Payments Sunshine Act (“Sunshine Act”), which was promulgated as a result of Section 6002 of the Patient Protection and Affordable Care Act.

CMS will not require manufacturers of drugs, devices, biological, or medical supplies to begin collecting Sunshine Act data on their payments and gifts to physicians and teaching hospitals until January 2013.

In a May 3rd blog post, CMS said that it will issue a final rule later this year, and that it will not require data collection before 2013. CMS’s latest delay is likely due to the significant industry-pushback it received, and the more than 300 comments it received during the proposed rule’s 60-day comment period.

For more information regarding this issue, please contact Adrienne Dresevic, Esq., Clinton Mikel, Esq., or Carey Kalmowitz, Esq. at (248) 996-8510 or visit the HLP website.

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