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Is the Sunshine Act Still in Effect?

Published in Public Policy 3 mins read

Yes, generally, several key "Sunshine Acts" related to government transparency and healthcare payments remain in effect; however, the proposed Sunshine Protection Act of 2021 did not become law and is therefore not in effect.

The term "Sunshine Act" can refer to different pieces of legislation aimed at increasing transparency. To provide a comprehensive answer, it's important to differentiate between them:

Key "Sunshine Acts" and Their Current Status

Understanding which specific "Sunshine Act" is being referenced is crucial, as each serves a distinct purpose.

Sunshine Act Name Primary Purpose Current Status Key Details and Impact
Government in the Sunshine Act of 1976 Mandates open meetings for federal agencies and requires public notice of such meetings. In Effect This landmark act was designed to ensure that the public has access to the deliberations and decisions of federal executive branch agencies. It specifies that meetings of multi-member agencies, those headed by two or more members appointed by the President, must be open to public observation unless certain exemptions apply. This contributes significantly to government transparency and accountability.
Physician Payments Sunshine Act (Open Payments) Requires drug and medical device companies to report payments and other transfers of value made to physicians and teaching hospitals. In Effect Enacted as Section 6002 of the Affordable Care Act (ACA), this act aims to increase transparency around financial relationships in healthcare. It mandates that pharmaceutical companies and medical device manufacturers publicly report financial interactions with healthcare providers, including speaking fees, consulting fees, travel expenses, and research grants. This data is made publicly available through the Centers for Medicare & Medicaid Services' (CMS) Open Payments database.
Sunshine Protection Act of 2021 (S.623) Proposed making daylight saving time permanent nationwide, eliminating the bi-annual clock changes. Not In Effect While this bill successfully passed the U.S. Senate, it was not passed by the House of Representatives during the 117th Congress and therefore did not become law. Although the legislation specified that it and its amendments were intended to take effect on November 5, 2023, its failure to complete the full legislative process means it never entered into force. Consequently, the practice of daylight saving time continues to operate under existing federal law, primarily the Uniform Time Act of 1966.

In summary, while several established "Sunshine Acts" continue to play a vital role in transparency across government and healthcare, the recent attempt to make daylight saving time permanent, known as the Sunshine Protection Act of 2021, did not pass into law.