CMS delays Data Submission at least 30 days

February 2014 Authors: Benjamin Koplin, Selina Coleman, R. Jeffrey Layne

Contacts

In a posting to its Open Payments website (through which it communicates about the Sunshine Act), CMS announced that the March 31 data submission deadline (originally set under the statute for March 31, 2013 and delayed by rule to March 31, 2014) would again be delayed to “approximately May 2014.” The Manufacturer registration start date has also been moved back several weeks to February 18. Once the data-reporting period has run, CMS says that it will begin "enforc[ing] penalties for reporting non-compliance." Covered Recipients (physicians and teaching hospitals) should be aware that the so-called "review and correction phase" during which Covered Recipients may review and initiate disputes regarding Manufacturer-reported data has likewise been shifted to begin, at this point, no later than August 1. CMS promises that additional information is forthcoming, but this delay may mean that the 2013 data reported this year may not be published until early 2015.