CMS Misses Deadline for Proposed Regulations for the Physicians Payment Sunshine Act

The Patient Protection and Affordable Care Act (PPACA) mandated the Secretary of the Department of Health and Human Services (HHS) to issue regulations implementing the Physician Payment Sunshine Act (or the Sunshine Act) by October 1, 2011. HHS delegated this task to the Centers for Medicare & Medicaid Services (CMS). When CMS failed to meet the deadline for issuing the regulations, two U.S. legislators who were instrumental in drafting the Sunshine Act—U.S. Senators Chuck Grassley (R-Iowa) and Herb Kohl (D-Wis.)—issued a letter to CMS Administrator Donald Berwick, MD, on October 3, 2011, pressing for details as to why CMS missed the statutory deadline and when the agency intends to issue the regulations, which have been highly anticipated by the pharmaceutical and medical device industries.

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