attorneys David M. Aafedt
and Christianna L. Finnern
have authored an article in Minnesota Physician
discussing the Sunshine Act, which will take effect January 1, 2013. A part of the Patient Protection and Affordable Care Act (ACA), it requires drug and device companies to report almost any payment or transfer of value to physicians of over $10. These reports will be made publicly available on a government website, and recipients of such payments will be identified by name. There are large fines for each unreported payment, so drug and device companies have incentive to be thorough in their reporting. The Sunshine Act also makes it much easier for prosecutors to identify transactions that violate these federal statutes, including the federal Anti-Kickback Statute (AKS), the False Claims Act, and Stark Laws.
In their article, Aafedt and Finnern discuss the details of the Act, how it compares to Minnesota’s Physician Gift-Ban Act, and what to do now to ensure compliance.
To read the full article, please click here
"Sunshine and Scrutiny: Managing Compliance with the ACA's Sunshine Provisions from a Provider Perspective." Minnesota Physician. Nov. 2012.