Almost two years after a Trump-era cost transparency rule took effect, many hospitals are flouting a requirement that they post the prices for common goods and services online — with little risk of facing penalties.
in June that since January 2021 CMS had issued about 352 warning letters to hospitals for non-compliance.to "conduct vigorous oversight and enforce full compliance.". In 2023, insurers must share the costs of the 500 most "shoppable" health care services in a cost estimator tool, and by 2024, publicize the cost of every item and service they provide.
"What happens if insurance companies, employers, regulators, legislators, media, get ahold of the prices you’re negotiating with payers?" Corlette said. "For a lot of hospitals they would prefer that that information is not disclosed since it may put them at some disadvantages to those different interested parties."
CMS may also have difficulty in enforcing compliance because there's a limit on the amount of penalties that can be imposed and resource constraints at the agency, she added.
"These groups ignore CMS' guidance on aspects of the rule and, as a result, have reached wildly different conclusions about the status of implementation across the hospital field. CMS, the only true arbiter, has indicated a much smaller number of hospitals may be out of compliance," Barry said.As federal enforcement lags, states and cities are starting to step in.
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