January 31, 2023

Volume XIII, Number 31

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January 31, 2023

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January 30, 2023

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CMS to Extend Timetable for Implementation of the Physician Payments Sunshine Act

On December 19, 2011, the U.S. Centers for Medicare & Medicaid Services (CMS) published a proposed rule to implement the Physician Payments Sunshine Act, which was included as part of the Patient Protection and Affordable Care Act of 2010. The Physician Payments Sunshine Act imposes new reporting and transparency requirements with respect to financial relationships between physicians, institutional providers, biomedical manufacturers and group purchasing organizations. In the proposed rule, CMS indicated that it hoped to issue a final rule in time for regulated parties to begin to record required information in 2012.

Citing its commitment “to addressing the valuable input received during the comment period, and to ensuring the accuracy of the data collected,” and in light of the practicalities of providing regulated parties with sufficient opportunity to prepare, CMS announced on May 3, 2012, that it will not require data collection by applicable manufacturers and applicable group purchasing organizations before January 1, 2013.

CMS stated that it has received more than 300 comments from a diverse group of stakeholders, but still intends to issue the final rule in 2012.

© 2023 McDermott Will & EmeryNational Law Review, Volume II, Number 130
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About this Author

Jennifer S. Geetter, McDermott Will & Emery LLP, Attorney
Partner

Jennifer S. Geetter is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's Washington, D.C., office.  She focuses her practice on emerging biotechnology and safety issues, advising hospital, industry, insurance and provider clients on matters relating to research, drug and device development, off-label use, personalized medicine, formulary compliance, privacy and security, electronic health records and data strategy initiatives, patient safety, conflicts of interest, scientific review and research misconduct, internal hospital disciplinary proceedings,...

202 756 8205
Bernadette M. Broccolo, McDermott Will Emery Law Firm, Health Care Attorney
Partner

Bernadette M. Broccolo is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Chicago office.  Bernadette has been counseling health industry organizations for over  33 years on leading edge health industry relationship formation and realignments, with a recent focus on development of provider network strategies for responding to health reform; health information technology acquisitions; electronic health information network strategy development and implementation to support innovations in care delivery and payment models, translational research and...

312-984-6911
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