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Washington Highlights

Sunshine Act Data Collection Delayed Until 2013

May 11, 2012—The Center for Medicare and Medicaid Services (CMS) May 3 announced a delay in the implementation of the physician payment sunshine provisions of Affordable Care Act (ACA, P.L. 111-148 and P.L. 111-152).  Although the final rule implementing the provisions has not yet been released, CMS reported that it will not require manufacturers to begin collecting data regarding payments made to physicians and teaching hospitals until Jan. 1, 2013.

The CMS announcement does not provide a date for publication of the final rule, but notes that this delay in implementation “will provide CMS with additional time to address operational and implementation issues in a thoughtful manner, and the ability to ensure the accuracy of the data that is collected.”  This delay suggests that the publicly accessible database of annual payments will first be available in September 2014, not in 2013 as required by the legislation.

CMS first published the proposed rule in the Dec. 19, 2011, Federal Register concerning Transparency Reports and Reporting of Physician Ownership or Investments interests.  Implementing Section 6002 of the ACA, the rule requires manufacturers of drugs, devices, biological and medical supplies to report annually to CMS all payments or transfers of value made to physicians and teaching hospitals.  The AAMC submitted a Feb. 17 letter to CMS in response to a request for comments on the proposed rule [See Washington Highlights, Feb. 24, 2011].


Heather Pierce, JD, MPH
Sr. Director, Science Policy & Regulatory Counsel
Telephone: 202-478-9926


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Washington Highlights, a weekly electronic newsletter, features brief updates on the latest legislative and regulatory activities affecting medical schools and teaching hospitals.

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Jason Kleinman
Sr. Legislative Analyst, Govt. Relations
Telephone: 202-903-0806