Hospital Group Responds to Government’s Notice About Recent Guidance (Oct. 2, 2020)

October 2, 2020


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:

This responds to DOJ’s October 1, 2020, 28(j) letter. Appellants attach:
(1) guidance regarding the rule’s “two requirements”; (2) HHS’s frequently-askedquestion
responses; (3) “8 Steps to a Machine-Readable File”; and (4) “10 Steps to
a Consumer-Friendly Display.”

  • The materials confirm that disclosure of a machine-readable file and shoppable-services list are “two requirements” hospitals must independently satisfy, and illustrate the requirements’ “differences.” Attach. 8,  12. Appellants argue that this multi-list mandate exceeds HHS’s authority to require “a list” of standard charges. AHA Br. 37-40. View entire document under key resources below. 


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