Legal
FTC Warns Hospitals That CMS Transparency Compliance Isn't Enough
McGuireWoods LLP reports that on Oct. 5, 2026, FTC Chairman Andrew Ferguson sent letters to 24 of the largest healthcare services companies warning that compliance with CMS price transparency rules does not satisfy separate obligations under Section 5 of the FTC Act. The letters assert that providers must give patients timely, accurate, and complete pricing information, particularly for non-emergency services scheduled in advance. The action signals the FTC may pursue enforcement against hospitals and health systems for pricing practices even when those entities meet CMS disclosure requirements. No specific enforcement deadline or response date is noted in the letters as described.
Why it mattersHospitals and health systems, including those serving Medicaid managed care enrollees, face a new layer of federal exposure on pricing practices independent of existing CMS compliance efforts.