The Centers for Medicare and Medicaid Services (CMS) recently published the final rule implementing the Physician Payment Sunshine Act (Sunshine Act) that requires most manufacturers of drugs, devices, biologics or medical supplies to annually report payments and other remuneration to physicians and teaching hospitals (Final Rule). The Sunshine Act also requires these manufacturers, as well as group purchasing organizations (GPOs), to disclose physician (including immediate family members) ownership or investment interests. The data collection period begins August 1, 2013, with reporting slated to begin March 31, 2014. CMS will release the data on a public website by September 30, 2014.

Compliance with the reporting obligations under the Sunshine Act, however, will not exempt payers or recipients of covered payments from potential liability under the anti-kickback statute and/or the federal False Claims Act.