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Chances are the Sunshine Act will affect you - here’s how
e-Reports, Nov. 21, 2011
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Even minimal manufacturer gifts, payments and grants to you will be posted online Untitled document

Beginning Jan. 1, 2012, a new reporting provision for biological device, drug or medical manufacturers goes into effect, but it may impact you. Under the Physician Payment Sunshine Act, gifts or amenities* given to you by manufacturers must be reported to the U.S. Department of Health and Human Services (HHS). That means anything exceeding $10 or totaling $100 annually must be disclosed.

Additionally, manufacturers must disclose if you or your family members have any ownership or investment in their companies.

Information will be public
But there’s more. HHS will collect this information and post it on a public website beginning Sept. 13, 2013, and on June 30 of each calendar year thereafter. Manufacturers, physicians, teaching hospitals and the payment amounts will be searchable on this website. Anyone can search for you by name, specialty and address, to see what items were provided to you, as well as their value.

However, the rule allows you to review and correct any information 45 days before it is available to the public.

Indiana law does not address industry gifts to physicians, but the AMA has developed policy on this issue. Find it on the AMA website.

Read the Physician Payment Sunshine Provision beginning on page 571 of the Affordable Health Care Act.

Reportable payments*

A manufacturer must disclose these payments or amenities to individual physicians or teaching hospitals:

  • Food
  • Gifts
  • Entertainment
  • Travel
  • Honoraria
  • Research
  • Grants
  • Education
  • Charitable contributions on a physician’s behalf
  • Direct compensation for serving as faculty or speaker for a medical education program
  • Consulting fees
  • Ownership or investment interest
  • Royalties or license fees
  • Speaking fees
  • Dividends
  • Profit distribution
  • Stock or stock option grants
  • Any categories the secretary determines appropriate
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