The Federal Trade Commission has sent warning letters to 24 of the largest healthcare organisations in the United States, putting the industry on notice over pricing practices.
FTC Chairman issued the letters on October 5, 2026, reminding recipients of their obligation to “provide patients with timely, accurate, and complete pricing” information related to healthcare services.
An anonymised version of the letter was published simultaneously, signalling the FTC’s intent to make its enforcement position broadly known across the healthcare sector.
The commission warned that compliance with Centers for Medicare and Medicaid Services price transparency rules does not “provide a safe harbor from liability” under Section 5 of the Federal Trade Commission Act.
The FTC identified pricing practices for “non-emergency services” scheduled in advance as a particular area of scrutiny, suggesting planned procedures will face close examination.
The letters reference the FTC’s establishment of a Healthcare Task Force earlier in 2026, reinforcing that the agency has dedicated institutional resources to policing health sector conduct.
The commission acknowledged CMS price transparency requirements enacted from 2021 onwards, as well as protections established under the No Surprises Act designed to shield patients from unexpected medical bills.
Even where pricing terms are technically disclosed, the FTC warned they may still be considered deceptive if incomplete, “such as when they omit certain charges like physician fees or facility fees.”
Incomplete or inaccurate pricing may also constitute an unfair practice where patients are unable to compare prices or make informed decisions, the FTC argued in the letters.
Failure to provide adequate pricing information may constitute a deceptive act “if it is likely to mislead consumers acting reasonably under the circumstances,” the template letters stated.
The FTC further asserted that withholding pricing information could be deemed “unfair” under Section 5 if resulting injury is “not outweighed by countervailing benefits to consumers or competition.”
While the letters target hospitals directly, they coincide with CMS releasing its final price transparency rule for payors, widening the regulatory pressure across the healthcare industry.
The FTC acknowledged that CMS rules “establish a critical foundation for ensuring that healthcare facilities provide information to consumers related to pricing,” but stressed this foundation offers no immunity from federal enforcement action.
The letters were authored by Conor O. Duffy of Robinson and Cole LLP, with contributions from Aarathi Kallur, a legal intern in Robinson and Cole’s Health Law Group.