FTC writes to 24 healthcare firms: CMS price rules are no safe harbor

FTC writes to 24 healthcare firms: CMS price rules are no safe harbor

5 October 2026: The US Federal Trade Commission has sent warning letters to 24 healthcare services companies about how they disclose prices, and has told them that following the price transparency rules of the Centers for Medicare & Medicaid Services (CMS) does not shield them from liability under the FTC Act. The letters rest on Section 5 of the Act, which bars unfair and deceptive practices.

Not yet independently verified. Single source: the FTC press release. The letters themselves and the list of recipients were not reviewed. We will update this when it can be confirmed, and remove this note.

The FTC lists four kinds of conduct it is concerned about:

• failing to give timely, accurate and complete pricing information
• disclosures that leave out physician fees or facility fees
• inaccurate statements about price
• giving patients too little advance notice before scheduled services

FTC Chairman Andrew Ferguson is quoted saying patients are routinely asked to commit to care without knowing what it will cost, and that clear pricing is what lets people compare and decide. He urged the companies to carry out a comprehensive review of their price disclosure practices and to take swift corrective action.

The release sets no compliance deadline and states no penalty. It does not say how the 24 recipients were chosen, and it does not report a commission vote. The agency says the letters follow the healthcare task force it established earlier in 2026 and complement recent enforcement against online contact lens retailers.

The practical point for hospital operators and the vendors that build their patient estimates, billing portals and price files is the legal basis. A price file that satisfies the CMS format can still be treated as misleading if it omits a physician or facility fee, or if the estimate a patient receives before a scheduled service differs from what is later charged. Anyone running price estimation or billing software should check that the fees shown to patients match the fees shown in the published files.

Sources

• FTC: FTC Issues Letters Warning Hospitals Against Deceptive Pricing Practices, 5 October 2026