Sunshine Reporting of Payments to Physicians

The Federal Physician Sunshine Act, a provision within the Patient Protection and Affordable Care Act, requires certain manufacturers, including medical device manufacturers, to report payments to physicians and teaching hospitals anywhere in the country from August 1, 2013 onward. The provision is designed to promote transparency in relationships between industry and physicians and to help control the rising costs of health care. Below are resources from MITA and other sources on the Sunshine Act.

Sunshine Reporting Provision in the Affordable Care Act and Legislation Summaries:

State and Federal Sunshine Law Summary

Sunshine Provision Language

MITA’s Sunshine FAQ

MITA Code of Ethics:

MITA Code of Ethics

CMS Action:

CMS Sunshine Act Final Rule
CMS’s final rule for the Physician Payment Sunshine provision, released February 1, 2013, requiring drug, device, biologic and medical supply manufacturers to report payments and gifts they provide to physicians and teaching hospitals.

CMS Sunshine Act Proposed Rule
CMS’s proposed rule for the Physician Payment Sunshine provision, released December 19, 2011.

CMS’s Open Door Forum 
A letter from CMS regarding its Open Door Forum held March 24, 2011, seeking stakeholder input on a number of topics defined in the Sunshine Act.

Response from MITA:

MITA Statement on CMS Final Rule
A statement from MITA, issued February 1, 2013, commending CMS for releasing the final regulations and giving device manufacturers 180 days after publication to implement the final regulations.

MITA Comments on Proposed Rule
MITA comments in response to CMS’s proposed rule, submitted February 17, 2012.

MITA Comments on Sunshine Reporting Requirements for Drug and Device Manufacturers
MITA recommendations to CMS for specific exemptions from reporting under the Sunshine provisions, submitted September 13, 2011.

MITA Comments on Open Door Forum
MITA comments, submitted April 7, 2011, regarding the CMS Special Open Door Forum on Transparency Reports and Reporting of Physician Ownership or Investment Interests.

Industry Letters:

Industry Letter to CMS on Sunshine Implementation
A letter from industry leaders, submitted August 14, 2012, encouraging CMS to promptly publish the final rule implementing the Sunshine Act.

Industry Letter to Secretary Sebelius on Sunshine Implementation
A letter from industry leaders, submitted October 25, 2011, urging the U.S. Department of Health and Human Services to fully implement the Sunshine Act.

Action on Capitol Hill:

Government Takes Steps to Expose Financial Ties between Drug Makers and Doctors
A statement released February 1, 2013 by the Senate Special Committee on Aging regarding the release of the final rule.

Physician Payments Sunshine Act Regulations Released
A comment made February 1, 2013 by Sen. Chuck Grassley (R-Iowa) regarding the Administration’s release of the federal rule implementing the Sunshine Act.

Grassley Letter to Administration on Sunshine Implementation
A letter submitted January 22, 2013 by Sen. Chuck Grassley (R-Iowa) to the White House Administration, expressing disappointment in the delayed implementation of the Sunshine Act.

Grassley on Delay in Implementing Physician Payments Sunshine Act
A statement from Sen. Chuck Grassley (R-Iowa) during the Senate Special Committee on Aging roundtable discussion titled “Let the Sunshine in: Implementing the Physician Payments Sunshine Act” on September 12, 2012.

Grassley and Kohl Urge Action on Sunshine Law
A letter submitted October 3, 2011 by Sen. Chuck Grassley (R-Iowa) and Sen. Herb Kohl (D-Wis.) pressing the CMS on missing a deadline for drafting regulations for the Sunshine Act.

Grassley, Kohl say Public Should Know When Pharmaceutical Makers Give Money to Doctors
Overview of the Sunshine Act introduction by Sen. Chuck Grassley (R-Iowa) and Sen. Herb Kohl (D-Wis.) provided by the U.S. Senate Special Committee on Aging on September 7, 2007.