The Physician Payments Sunshine Provision requires more than 1,150 drug, device, biologics and medical supplies manufacturers that make products covered by Medicare, Medicaid or the Children's Health Insurance Program to report “transfers of value” made to physicians and teaching hospitals. Manufacturers and about 420 GPOs are also required to report physician ownership or investment interests.
The CMS was criticized for failing to provide guidelines to organizations required to report financial relationships by Oct. 1.
In an Oct. 25 letter to HHS Secretary Kathleen Sebelius, a group of consumer groups and trade associations wrote that “an absence of established procedures could harm both the companies who are trying to comply with the law and the public who stands to benefit from increased transparency of these relationships.”
In addition, the CMS proposed in the rule that manufacturers and GPOs be required to report a partial year of disclosures for 2012. The agency also said that it plans to aggregate manufacturer submissions (PDF), provide the companies with a 45-day review period in which they can offer corrections and make the data available to the public by Sept. 30, 2013.
The CMS is accepting comments on the proposed rule until Feb. 17. The final rule is expected to be published next year.
The Senate Special Committee on Aging postponed a hearing called “Parting the Clouds: Implementing the Physician Payments Sunshine Act,” that had been scheduled for Thursday. Sens. Herb Kohl (D-Wis.) and Chuck Grassley (R-Iowa) said in a news release they plan to review the guidance and will reschedule the hearing for early in 2012.