FTC Warns 24 Large Healthcare Companies That Hidden Prices Can Be Deceptive

Chairman Andrew Ferguson’s letters say meeting CMS price transparency rules does not create a safe harbor under the FTC Act.

By Kseniya Dzigava ·

FTC Chairman Andrew N. Ferguson sent letters on October 5, 2026 to 24 of the nation’s largest healthcare services companies, reminding them of their obligation to give patients timely, accurate and complete pricing information. The FTC said failing to do so can be an unfair or deceptive practice under Section 5 of the FTC Act.

The letters focus on routine, non-emergency care scheduled in advance. They say compliance with the Centers for Medicare & Medicaid Services price transparency rules is a baseline, not a safe harbor from FTC Act liability. Because price is a material term, clear and conspicuous disclosure is often needed. An omission can mislead, and a disclosure can still be deceptive if incomplete, such as leaving out physician or facility fees or covering only part of the expected care.

The FTC also says unclear or late pricing may be unfair if it causes substantial injury consumers cannot reasonably avoid, because patients cannot comparison shop. The FTC described the letters as part of its work on healthcare affordability and price transparency.

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