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Physician Payment Sunshine Act

On February 8, 2013, the Centers for Medicare and Medicaid Services published a final rule regarding the Physician Payment Sunshine Act (the “Sunshine Act”) passed in 2010 as part of the Patient Protection and Affordable Care Act. A summary provided on the Federal Register states that applicable manufacturers of drugs, devices, biological products, or medical supplies covered by Medicare, Medicaid or the Children’s Health Insurance Program must report certain payments or transfers of value provided to physicians or teaching hospitals on an annual basis under the Sunshine Act (78 FR 9457). Applicable manufacturers and group purchasing organizations must report certain physician ownership or investment interests on an annual basis as well. Parties to which the final rule applies must begin collecting data on August 1, 2013 and submit reports to the Centers for Medicare and Medicaid Services by March 31, 2014. Details about the transparency reports, penalties for non-compliance, the definition of covered entities and the Sunshine Act’s relationship to State laws can be found within the final rule, a copy of which is available here.

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