I 
111TH CONGRESS 
1ST SESSION H. R. 3138 
To amend title XI of the Social Security Act to provide for transparency 
in the relationship between physicians and manufacturers of drugs, de-
vices, biologicals, or medical supplies for which payment is made under 
Medicare, Medicaid, or SCHIP. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2009 
Mr. HILL introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend title XI of the Social Security Act to provide 
for transparency in the relationship between physicians 
and manufacturers of drugs, devices, biologicals, or med-
ical supplies for which payment is made under Medicare, 
Medicaid, or SCHIP. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Physician Payments 
Sunshine Act of 2009’’. 
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SEC. 2. TRANSPARENCY REPORTS AND REPORTING OF 
PHYSICIAN OWNERSHIP OR INVESTMENT IN-
TERESTS. 
Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by inserting after section 
1128F the following new section: 
‘‘SEC. 1128G. TRANSPARENCY REPORTS AND REPORTING 
OF PHYSICIAN OWNERSHIP OR INVESTMENT 
INTERESTS. 
‘‘(a) TRANSPARENCY REPORTS.— 
‘‘(1) PAYMENTS
OR
OTHER
TRANSFERS
OF 
VALUE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (e), not later than March 31 of each 
year (beginning with 2012), any applicable 
manufacturer that provides a payment or other 
transfer of value to a covered recipient (or to 
an entity or individual at the request of or des-
ignated on behalf of a covered recipient), shall 
submit to the Secretary, in such electronic form 
as the Secretary shall require, the following in-
formation with respect to the preceding cal-
endar year: 
‘‘(i) The name of the covered recipi-
ent. 
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‘‘(ii) The business address of the cov-
ered recipient and, in the case of a covered 
recipient who is a physician, the specialty 
and National Provider Identifier of the 
covered recipient. 
‘‘(iii) The value of the payment or 
other transfer of value. 
‘‘(iv) The dates on which the payment 
or other transfer of value was provided to 
the covered recipient. 
‘‘(v) A description of the form of the 
payment or other transfer of value, indi-
cated (as appropriate for all that apply) 
as— 
‘‘(I) cash or a cash equivalent; 
‘‘(II) in-kind items or services; 
‘‘(III) stock, a stock option, or 
any other ownership interest, divi-
dend, profit, or other return on invest-
ment; or 
‘‘(IV) any other form of payment 
or other transfer of value (as defined 
by the Secretary). 
‘‘(vi) A description of the nature of 
the payment or other transfer of value, in-
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dicated (as appropriate for all that apply) 
as— 
‘‘(I) consulting fees; 
‘‘(II) compensation for services 
other than consulting; 
‘‘(III) honoraria; 
‘‘(IV) gift; 
‘‘(V) entertainment; 
‘‘(VI) food; 
‘‘(VII) travel; 
‘‘(VIII) education; 
‘‘(IX) research; 
‘‘(X) charitable contribution; 
‘‘(XI) royalty or license; 
‘‘(XII) current or prospective 
ownership or investment interest; 
‘‘(XIII) compensation for serving 
as faculty or as a speaker for a con-
tinuing medical education program; 
‘‘(XIV) grant; or 
‘‘(XV) any other nature of the 
payment or other transfer of value (as 
defined by the Secretary). 
‘‘(vii) If the payment or other transfer 
of value is related to marketing, education, 
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or research specific to a covered drug, de-
vice, biological, or medical supply, the 
name of that covered drug, device, biologi-
cal, or medical supply. 
‘‘(viii) Any other categories of infor-
mation regarding the payment or other 
transfer of value the Secretary determines 
appropriate. 
Such reports may be submitted at the holding 
company or divisional level at the manufactur-
er’s discretion. 
‘‘(B) AGGREGATE
REPORTING.—Informa-
tion submitted by an applicable manufacturer 
under subparagraph (A) shall include the ag-
gregate amount of all payments or other trans-
fers of value provided by the applicable manu-
facturer to covered recipients (and to entities or 
individuals at the request of or designated on 
behalf of a covered recipient) during the pre-
ceding year. 
‘‘(C) SPECIAL
RULE
FOR
CERTAIN
PAY-
MENTS OR OTHER TRANSFERS OF VALUE.—In 
the case where an applicable manufacturer pro-
vides a payment or other transfer of value to an 
entity or individual at the request of or des-
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ignated on behalf of a covered recipient, the ap-
plicable manufacturer shall disclose that pay-
ment or other transfer of value under the name 
of the covered recipient. 
‘‘(2) PHYSICIAN
OWNERSHIP.—In addition to 
the requirement under paragraph (1)(A), not later 
than March 31 of each year (beginning with 2012) 
any applicable manufacturer, applicable group pur-
chasing organization, or applicable distributor shall 
submit to the Secretary, in such electronic form as 
the Secretary shall require, the following information 
regarding any ownership or investment interest 
(other than an ownership or investment interest in 
a publicly traded security and mutual fund, as de-
scribed in section 1877(c)) held by a physician (or 
an immediate family member of such physician (as 
defined for purposes of section 1877(a))) in the ap-
plicable manufacturer, applicable group purchasing 
organization or applicable distributor during the pre-
ceding year: 
‘‘(A) The dollar amount invested by each 
physician holding such an ownership or invest-
ment interest. 
‘‘(B) The value and terms of each such 
ownership or investment interest. 
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