Orange County Register: Proposed rule aims to enhance transparency of hospital prices

In a satirical ad created by the advocacy group Patient Rights Advocate, a man asking about the price of ice cream is met with a response claiming that prices no longer exist and have been replaced with estimates. Although this scenario is fictional, the ad aims to shed light on the issue of hospitals posting estimates instead of exact prices, which goes against a law implemented in 2021 requiring hospitals to publicly disclose their prices. Cynthia Fisher, the founder and chairperson of Patient Rights Advocate, argues that estimates are a way for hospitals to manipulate healthcare costs. The Biden administration is now proposing a new rule to improve compliance with price transparency requirements, standardize the data, and enhance enforcement. However, achieving complete transparency in pricing remains a challenge.

Gerard Anderson, a professor at the Johns Hopkins Bloomberg School of Public Health, believes that although progress has been made, exact price tags in every situation are still not a reality. The proposed rule aims to make it easier for consumers to anticipate their expenses for nonemergency hospital care, but the current data files are cumbersome and complex to navigate. Hospitals are currently required to disclose prices for every service, including bundled costs for specific procedures. Insurance companies are also now obligated to post prices for various medical services. The Centers for Medicare & Medicaid Services (CMS) hopes to align hospital requirements with those of insurers to promote access to data analysis firms that offer online price comparison tools, facilitating easier access for consumers.

The proposed rule seeks to standardize the data, improve its availability on hospital websites, and hold administrators accountable for accurate and complete information disclosure. Hospitals failing to comply could face negative publicity from federal regulators. Additionally, the rule introduces a new category called “consumer-friendly expected allowed charges,” which provides more information about how hospitals determine prices. However, critics argue that this may lead to more estimates rather than exact amounts.

The American Hospital Association maintains that determining exact upfront costs for healthcare services is challenging due to the unique nature of each patient’s needs. Molly Smith, AHA’s group vice president for public policy, highlights the complexity of healthcare and the potential for variations in treatment plans that can impact costs. Despite improvements, compliance with price transparency requirements still falls short, with only 36% of hospitals reviewed meeting all aspects of the current law, according to Patient Rights Advocate. However, the American Hospital Association disputes this claim, arguing that hospitals are allowed to leave blank spaces or utilize formulas if they do not have cash-only prices and that compliance has been increasing.

The journey towards achieving complete transparency in healthcare pricing has seen progress, but challenges remain. The federal government has sent numerous warning letters to hospitals regarding their posted data and has enforced penalties for non-compliance. However, there is still work to be done to ensure that consumers have access to accurate and transparent pricing information.

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