Physician Payments Sunshine Act – No “Sunshine” Yet

In a fairly recent Client Update, I highlighted the December 19, 2011 proposed rule implementing the Physician Payments Sunshine Act.  The Centers for Medicaid and Medicare Services (CMS) originally had stated that implementation would begin this year.  Well, physicians and manufacturers now are off the hook until at least 2013.  It turns out that for 2012 CMS will not be able to begin data collection required by the Act and any final rule that CMS adopts.
In her May 3 letter to Senator Charles Grassley Marilyn Tavenner, CMS’ acting administrator, explained that “CMS does not believe it feasible to address all of the remaining issues” in time to finalize its rules on data collection for 2012.  For this year, disclosure of financial arrangements between physicians and manufacturers will not be required.   Tavenner assures us that a final rule will be produced later this year in time for the 2013 reporting season.