Physician Payment Sunshine Act

Health Care Comments Off

The Sunshine Act was derived in part, as the result of scrutiny of pharmaceutical and device manufacturers’ violation of the Anti-Kickback Statute.

To provide transparency regarding financial ties and relationships, the Centers for Medicare & Medicaid Services has proposed disclosure requirements by manufacturers of all payments made to physicians and institutions over the sum of $10.00.

Included in the Proposed Rule are teaching institutions, defined as “any institution receiving direct GME (Accreditation Council for Graduate Medical Education) and indirect medical education payments.” The Proposed Rule will require pharmaceutical and device manufacturers to report all academic institutions receiving funds in excess of $10.00 by physician NPI code.

Will the required reporting stymie academic research and GME funding?

Note: The U.S. Centers for Medicare & Medicaid Services (CMS) released a proposed rule implementing the “Sunshine” provisions of the Affordable Care Act (ACA) that requires annual public reporting by certain drug and device manufacturers of payments made by them to physicians and teaching hospitals and of physician ownership interests in such manufacturers. The “Sunshine” provisions of the ACA also require group purchasing organizations to make annual public reports of physician ownership interests in such organizations. CMS is accepting comments on its proposed rule through February 17, 2012.