Q&A on Physician Payments Sunshine Act of 2009

How is it different from 2007or 2008 bill?
S.301 Physician Payments Sunshine Act of 2009 introduced by Senators Chuck Grassley and Herb Kohl is similar to the original bill introduced in 2007 but not taken up by congress. It was reintroduced in 2008 as an amendment to title XI of the Social Security Act but was dropped again.

Would the states duplicate the effort?
S.301 prohibits states from collecting identical information. However, states may collect other types of information.

What company information will be reported?
Manufacturers of drug, biologic and medical devices will be required to disclose company name, business name, company address, value of the payment or transfer of value, dates of the payments or transfers and description of the form of payment or transfer of value.

What are the implementation timelines?
If passed, the government will require yearly reporting of all physician payments over a cumulative value of $100 dollars beginning in 2010. The first report will be due by March 31, 2011 and posted publicly by September 20, 2011. Bill states that the Secretary of Department of Health and Human Services (HHS) has until November of 2009 to establish procedures for implementation of the bill. Governor Sebelius, Secretary of HHS, has ensured that the public interest will always be put first.

What is the implementation platform?
A website will be hosted that will have a search mechanism by company or physician. It will contain a description of any enforcement actions and penalties as a result of the legislation. Since the bill has not been passed by HHS, it is premature to gain further insight.