On October 5, 2026, the Federal Trade Commission (FTC) sent warning letters (the “Letters”) to 24 of the nation’s largest health systems, reminding them of their obligations to provide patients with “timely, accurate and complete pricing information for healthcare services.”
According to the template of the Letters, the FTC warns that failure to provide this information may constitute a deceptive act or practice in violation of Section 5 of the FTC Act “if it is likely to mislead consumers acting reasonably under the circumstances.” In addition, the FTC asserts that failing to provide this information could be “unfair” under Section 5 of the FTC Act if it causes injury and is “not outweighed by countervailing benefits to consumers or competition.”
Although directed at hospitals, the Letters coincide with the Centers for Medicare & Medicaid Services’ (CMS’s) release of the final price transparency rule for payors. Notably, the Letters indicate that CMS’s price transparency rules “establish a critical foundation for ensuring that healthcare facilities provide information to consumers related to pricing” but that compliance with these price transparency rules “does not provide a safe harbor from liability under the FTC Act.” The Letters conclude by encouraging “all healthcare-service providers … to conduct a comprehensive review of [their] price-transparency practices ….”
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For additional information about the issues discussed in this Antitrust Byte, or if you have any other antitrust concerns, please contact the attorneys listed on this page or the Epstein Becker Green attorney who regularly handles your legal matters.
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