PatientRightsAdvocate.org Responds to Today’s Arguments in AHA Et Al v. Azar

PRA Founder and Chairman Cynthia Fisher and Supreme Court litigator Jeffrey Harris applaud Department of Justice for its Defense of Healthcare Price Transparency

May 7, 2020 — PatientRightsAdvocate.org today responded to proceedings that occurred by telephone in the AHA, et. al., v. Secretary Azar case.

The American Hospital Association (AHA) filed a lawsuit accusing the U.S. Department of Health & Human Services (HHS) of overstepping its authority when it issued a final price transparency rule that requires hospitals and other health providers to disclose their prices and secret negotiated rates with insurers by January 1, 2021.

A coalition led by PatientRightsAdvocate.org filed an amicus brief in the case.

Cynthia A. Fisher, Founder and Chairman of PatientRightsAdvocate.org, issued the following statements:

“As COVID-19 ravages communities across America and hospitals receive hundreds of billions in taxpayer stimulus dollars, special interests have the audacity to continue their assault against the healthcare price transparency rules. For far too long they’ve profited from keeping the buyers of healthcare in the dark, and the idea of sharing prices with patients threatens to bring an end to patients being blindsided by bills they cannot afford.”

“Today was a great day for the consumers of healthcare – patients, employers, and taxpayers. The Department of Justice, in its defense of healthcare price transparency, offered a glimmer of hope – illustrating what healthcare in America could look like if hospitals’ curtains of opacity are ripped down. Consumers deserve the right to see prices before we get care and have hospitals compete for our business on price and quality, just like any other functional market.”

“Price transparency is fundamental to giving American consumers control to shop for their care at a price they can afford. It will let competition flow to lower the costs of healthcare and coverage by making hospitals and insurers compete for our precious hard-earned dollar.”

“Why should shopping for healthcare be any different than shopping for a car, a flight, or even a gallon of milk? When armed with real prices, individuals are empowered to compare prices and quality and, ultimately, make the best decision for themselves, their families, and their budgets. This afternoon, the Department of Justice, who represented American consumers of healthcare in this fight, took the ‘W.’”

Jeffrey Harris, Esq., who filed PRA’s amicus brief, issued the following statements:

“The regulation at issue in this case should not be controversial. All it does is ensure that hospitals, just like businesses in all other sectors of the economy, disclose their prices upfront rather than hiding the ball until the patient receives a bill weeks or months later. HHS’s regulation is well within the agency’s statutory authority, and the plaintiffs certainly have no constitutional right to hide their prices from their patients. We are optimistic that the Court will reject the hospitals’ lawsuit and uphold HHS’s common-sense rules.”

“DOJ forcefully explained why this pro-consumer rule is good policy and is entirely consistent with the law and the Constitution. We are optimistic that the court will reject the industry’s efforts to keep consumers in the dark about the cost of care.”

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