In The New York Times, Douglas Hallward-Driemeier Examines Hospital Groups Lawsuit to Block Price-Transparency Rule

In a New York Times article published on Dec. 4, appellate & Supreme Court partner Douglas Hallward-Driemeier (Washington, D.C.) discussed a lawsuit filed by the nation’s hospital groups against the Trump administration over a new federal rule that would require them to disclose the discounted prices they give insurers for various procedures.

The lawsuit says the rule compelling the hospitals to publish their negotiated rates with insurers violates the First Amendment and goes beyond the statutory intent of the Affordable Care Act.

Mr. Hallward-Driemeier explains that the courts are displaying less deference to rule making by government agencies. He notes that the hospitals could succeed in the lawsuit by raising First Amendment grounds that the disclosure under the U.S. Health and Human Services Administration rule compelled speech subject to First Amendment scrutiny.