APA Analysis on Final Physician Payment Sunshine Act Rule

Tue February 05, 2013

(Arlington, VA) - The Affordable Care Act (ACA) through several provisions known as the Physician Payment Sunshine Act requires applicable manufacturers of drugs, devices, biologicals, or medical supplies covered under Medicare, Medicaid, or CHIP to report annually in electronic format to the Secretary of the Department of Health and Human Services certain payments or other transfers of value to physicians and teaching hospitals. Applicable manufacturers and applicable group purchasing organizations are subject to civil monetary penalties (CMPs) if they fail to comply with the reporting requirements of the statute.  CMS must then submit annual reports to the Congress and each State summarizing the data applicable manufacturers have reported.

This past week, CMS released a Final Rule that will implement these reporting provisions of the ACA. The APA pushed CMS to strengthen its dispute resolution process as well as push back the beginning of the data collection and reporting periods. The APA is pleased that CMS has adopted several of its suggestions in the Final Rule implementing the Physician Payment Sunshine Act. Click here to view the APA analysis of the Final Rule. The American Medical Association's website provides more information on the Physician Payment Sunshine Act, which can be viewed here.

• APA Physician Payment Sunshine Act Brochure