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Kevin Lowell Discusses FTC Scrutiny of Hospital Price Transparency in Modern Healthcare

Subtitle
"Hospitals Brace for FTC Price Transparency Probes"

Modern Healthcare

Kevin Lowell discussed increased federal scrutiny of hospital price transparency requirements in Modern Healthcare, examining the Federal Trade Commission's (FTC) latest enforcement efforts. Lowell noted that hospitals should be prepared to demonstrate how pricing data is generated, including online price estimators, and consider whether additional disclosures are needed to provide patients with a complete picture of costs. He observed that while many hospitals have spent years building compliance programs to satisfy Centers for Medicare and Medicaid Services (CMS) requirements, the FTC is focused on a different question: whether the pricing information a hospital shares with patients, or omits, is likely to mislead them about their actual costs. Lowell also characterized the agency's warning letters as an indication that providers should take proactive steps to strengthen their compliance and documentation practices, noting, "This is a first step."