Hospital Group Notifies Court of Recent Price Transparency Executive Order (Sept. 25, 2020)

September 25, 2020

VIA ELECTRONIC FILING

Mr. Mark J. Langer
Clerk of the Court
United States Court of Appeals for the D.C. Circuit
E. Barrett Prettyman U.S. Courthouse and
William B. Bryant Annex
333 Constitution Avenue, NW
Washington, D.C. 20001

Re: American Hospital Association et al. v. Azar, No. 20-5193 (argument
scheduled Oct. 15, 2020)

Dear Mr. Langer:

Under Federal Rule of Appellate Procedure 28(j), Appellants attach the
Executive Order on An America-First Healthcare Plan (Sept. 24, 2020), which
discusses HHS’s challenged price-disclosure rule. The order states that, “[i]n the
absence of congressional action,” the Administration has acted “to make healthcare
prices more transparent.” The order indicates that the price-disclosure rule followed
from “Executive Order 13877,” which “direct[ed] certain agencies—for the first
time ever—to make sure patients have access to meaningful price and quality
information prior to the delivery of care.” The order refers to the price-disclosure
rule as follows: “Beginning January 1, 2021, hospitals will be required to publish
their real price for every service, and publicly display in a consumer-friendly, easyto-
understand format the prices of at least 300 different common services that are
able to be shopped for in advance.” View details under key resources. 

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