May 7, 2012 — The Centers for Medicare & Medicaid Services (CMS) stated on the CMS blog that following its receipt of more than 300 comments from stakeholders, it would not require manufacturers and group purchasing organizations to submit data regarding payments or gifts to physicians until Jan. 1, 2013, at the earliest. This Physician Payments Sunshine Act requirement was published in a Dec. 19, 2011, CMS proposed rule.

CMS also states in the full text of the announcement (printed below) that it plans to publish a final rule later this year. For the Coalition’s views on the Sunshine Act proposed rule, please refer to the Coalition for Healthcare Communication Sunshine Act Comment.

CMS Announcement:

On December 19, 2011, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule implementing the Physician Payments Sunshine Act, which was included as section 6002 of the Affordable Care Act of 2010.  This provision will provide important transparency in requiring reporting of payments or gifts to physicians, and physician ownership and investment interests.  During the 60 day comment period, CMS received over 300 comments from a wide range of stakeholders.

CMS is committed to addressing the valuable input received during the comment period, and to ensuring the accuracy of the data collected.  In order to provide time for organizations to prepare for data submission and to sufficiently address the important input we received during the rulemaking process, CMS will not require data collection by applicable manufacturers and applicable group purchasing organizations before January 1, 2013.

CMS intends to release the final rule later this year.  This timing 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.