Proposed regulations from the Centers for Medicaid and Medicare Services will postpone data collection under the federal Physician Payment Sunshine Act until later this year, after the final regulations have been issued. The “physician” discussed in the ruling includes ophthalmologists and optometrists, but does not address opticians.

Part of the 2010 health care reform package, the Sunshine Act requires drug, medical device and other manufacturers to collect data on payments to physicians and teaching hospitals and to annually report those numbers to CMS. It also requires these manufacturers, as well as drug and device supplier group purchasing organizations, to annually report physician ownership and investment interests.

The proposed rule states that CMS is considering requiring manufacturers to start tracking payments 90 days after the publication of the final rule, with a partial year report due on March 31, 2013. However, the agency is seeking comments on whether that timeline is feasible.

The consequences of not reporting are significant, including civil fines and penalties from $1,000 for a simple inaccuracy, up to $1 million for a knowing failure to report.

The proposed regulations define several key terms, describe the reporting process and ask for feedback on several key issues. Comments must be submitted by February 17, 2012.

To submit a comment, go to www.regulations.gov/#!documentDetail;D=CMS-2011-0191-0004.