AHA v. Azar

On December 29, 2020, the U.S. Court of Appeals for the D.C. Circuit issued an opinion in American Hospital Association, et al., v. Azar, affirming the district court's decision to uphold the rule that requires hospitals to disclose negotiated prices. The initial rule was issued in November 2019, and is scheduled to go into effect on January 1, 2021.

In an additional effort to overturn the rule, the American Hospital Association has sent a letter to the Biden-Harris Transition team requesting they reevaluate the transparency rule. Similarly, the Federation of American Hospitals sent a letter requesting that the administration not enforce the price transparency requirements while reviewing the rule and its "onerous and anticompetitive requirement to publish hospital and commercial health insurer negotiated rates."

A copy of the D.C. Circuit opinion can be found here: https://law.justia.com/cases/federal/appellate-courts/cadc/20-5193/20-5193-2020-12-29.html

A copy of the AHA letter is available here: https://www.aha.org/system/files/media/file/2020/12/aha-letter-to-biden-harris-transition-team-price-transparency-rule-letter-12-21-20.pdf

A copy of the FAH letter is available here: https://www.fah.org/fah-ee2-uploads/website/documents/Biden_Transition_Team_122220_--_FINAL.pd