Trump Hospital Price Policy May Face Obstacle in 2015 FTC Warning

The Health and Human Services Department may have a big hurdle to overcome in defending its hospital disclosure rule in court: another government agency.

One of the leading industry groups challenging the new requirement that hospitals publicly disclose their negotiated rates says the only real precedent for the regulation is an amendment to a Minnesota law that the Federal Trade Commission sharply criticized more than four years ago.

The American Hospital Association’s general counsel, Melinda Reid Hatton, said the FTC’s prior statements serve as “a good backdrop” for why the HHS rule is not only legally infirm but also a ...