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Restore patient right-to-know hospital prices
AKA “Rescind Contractual Confidentiality Allowances that Undermine Hospital Price Transparency”
Which agency/agencies promulgated the regulation? *
Department of Health and Human Services (HHS)
Rescind all implicit regulatory tolerances, discretionary enforcement policies, or interpretive flexibilities under 45 CFR § 180 that permit confidentiality clauses or contracting practices to obstruct full public disclosure of negotiated hospital pricing.
—OPTIONAL--
Notice of Proposed Rulemaking
Hospital Price Transparency Rule – Enforcement Flexibilities and Contractual Non-Disclosure Allowances
Many hospitals and insurers continue to obscure negotiated rates through contract terms or selective disclosure practices, undermining the intent of federal transparency rules. Rescinding all tolerances for such confidentiality practices strengthens market accountability and restores consumer trust.
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201
(301) 492-4305 (410) 786-1524 (410) 786-8437
The Hospital Price Transparency Rule (45 CFR § 180) was intended to make negotiated hospital rates public. Yet despite this mandate, many provider-payer contracts contain confidentiality provisions or selectively comply with disclosure formats that evade meaningful transparency. These loopholes persist in part due to weak enforcement, limited penalties, and the absence of explicit prohibitions on anti-transparency contract terms.
• Ends regulatory tolerance for nondisclosure clauses that obstruct compliance with 45 CFR § 180
• Prevents private contracts from overriding federal public interest regulations
• Promotes competitive pricing and reduces the leverage of monopolistic health systems
• Gives patients clear, actionable pricing data when making care decisions
• Re-establishes the public’s right to know how healthcare dollars are spent
All hospitals and insurers shall publicly disclose negotiated prices for all covered services and items without exception, redaction, or restriction imposed by confidentiality clauses or contracting terms.
No contractual agreement shall override or delay compliance.
Enforcement authorities shall assess penalties without discretionary waivers for hospitals or health systems found to be using contracts to suppress price transparency.
Robert F. Kennedy Jr.
Secretary of Health and Human Services