• Recent Rejection of Sunshine Act Data Submissions Pushes Back Deadlines
  • September 11, 2014 | Authors: Kathleen M. Marcus; Susan Tran; Jason de Bretteville
  • Law Firm: Stradling Yocca Carlson & Rauth A Professional Corporation - Newport Beach Office
  • Implementation of the Sunshine Act continues to encounter stumbling blocks. On August 15, 2014 the Centers for Medicare and Medicaid Services (“CMS”) announced that it would be withholding one-third of the records it received from drug and medical device manufacturers under the Sunshine Act due to data inconsistencies. CMS indicated that the flawed submissions will not be published in the Open Payments System database that is scheduled to go public on September 30, 2014. Rather, CMS will be returning the flawed data to manufacturers and group purchasing organizations (“GPOs”) to be corrected and resubmitted. The resubmitted data will not be published until June 2015. The announcement has been met with disappointment and frustration among physicians and supporters of the Sunshine Act. Sen. Charles Grassley, R-Iowa, an author of the Sunshine Act legislation, said the incomplete release of information would not provide the public with a full picture of the payment data promised by the Sunshine Act.