On March 4, 2019, HHS published a proposed rule, which includes a request for public comment on the implications of requiring providers to make public disclosures of price information for the services they perform. The 21st Century Cures Act prohibits providers from engaging in practices that block access to electronic health information, if the provider “knows that such practice is unreasonable and is likely to interfere with, prevent, or materially discourage access, exchange, or use of” that information.  The agency’s request for comments asks the public for its views as to whether, or how, price information should be included in the definition of “electronic health information” (EHI) for the purposes of this provision.  Public comments are due by the close of business on May 3, 2019.  

The agency explained that it was considering this disclosure requirement because “[t]he fragmented and complex nature of pricing within the health care system . . . has had negative impacts on patients, health care providers, health systems, plans, plan sponsors and other key health care stakeholders.” By promoting “[t]ransparency in the price and cost of health care,” the agency reasoned, it “could help increase competition that is based on the quality and value of the services patients receive.” To achieve that goal, HHS “is considering subsequent rulemaking to expand access to price information for the public, prospective patients, plan sponsors, and health care providers.”

The agency seeks feedback from the public on a number of questions, including, for example: (i) whether prices should be included in the definition of EHI; (ii) whether those prices should be measured by the amount charged to the patient’s health plan, by the provider’s chargemaster, or some other metric; (iii) whether health IT developers should be required to include mechanisms for patients to see price information; and (iv) whether price information should be made available on public websites.

A full summary of the topics for public comment and the instructions for providing feedback are in the proposed rule, available here (the request for comment on pricing information appears at pages 7513-14 of the link).