Congresswoman urges delay of ACA's 'transfer of value' data collection

A New York congresswoman is asking the U.S. Centers for Medicare and Medicaid Services (CMS) to delay "transfer of value" data collection from teaching hospitals and physicians, including dentists, scheduled to begin August 1 under the Patient Protection and Affordable Care Act.

The ACA's "Sunshine Act" rule requires manufacturers and distributors of drugs, devices, biological, or medical supplies covered under Medicare, Medicaid, and the Children's Insurance Program to report financial transactions and transfers of value to covered recipients, according to the ADA News. Those affected are scheduled to begin collecting data on August 1, 2013, for reporting these transfers of value. The information will be reported to CMS by March 31, 2014, for release on a public website by September 30, 2014.

U.S. Rep. Nydia Velázquez (D-NY), who is a member of the House Small Business Committee, expressed "serious concerns" with the February 1, 2013, final rule as amended and "short timetable" for compliance.

Dentists should be aware of possible manufacturer or distributor inquiries regarding the required reporting of Sunshine Act transfers of value, including certain payments, entertainment costs, gifts, meals and travel costs, according to the story.

Complying with the requirement is challenging for small businesses, Velázquez said. Since nearly 70% of dental practices are solo practitioners, many lack the time and resources to research the new rules, she said. The burden of compliance, from implementing proper recordkeeping to correct reporting, will harm the 92% of small manufacturers in the dental industry because uncertainty remains in the final rules.

In a letter to the CMS, Velázquez also said the regulations are "vague and provide insufficient guidance" for professionals, manufacturers, and distributors.