Thursday, January 4, 2024

How is HR 5378 Price Transparency, different from existing CMS price transparency rules about 3 years ago?

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User

Please use the internet.  How is the recently passed in the House bill, Lower Costs, More Transparency Act (H.R. 5378), different from price transparency regulations already passed by CMS (HHS) a few years ago?

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Based on a quick search, here's what I found.


The recently passed Lower Costs, More Transparency Act (H.R. 5378) in the House differs from previous price transparency regulations implemented by CMS (Centers for Medicare & Medicaid Services) in several key aspects:


Comprehensive Price Transparency: The act aims to increase price transparency throughout the entire healthcare system, not just limited to specific areas. It empowers patients and employers to make informed decisions about healthcare by providing timely and accurate information about the cost of care, treatment, and services.


Extension to Various Healthcare Entities: The act requires hospitals, insurance companies, labs, imaging providers, and ambulatory surgical centers to publicly list the prices they charge patients. This builds upon the Trump administration's price transparency rules, which primarily focused on hospitals.


Disclosure of Drug Rebates and Discounts: A significant addition in the act is the requirement for health insurers and pharmacy benefit managers (PBMs) to disclose negotiated drug rebates and discounts, thereby revealing the true costs of prescription drugs.


Impact on Prescription Drug Costs: The act includes provisions to lower out-of-pocket costs for seniors who receive medication at hospital-owned outpatient facilities or doctor's offices, expands access to more affordable generic drugs, and equips employers with necessary drug price information for better negotiations.


Support for Healthcare Infrastructure: The act also includes measures to support patients, health care workers, community health centers, and hospitals. It does this by funding community health centers, supporting training programs for new doctors, preserving Medicaid funding for hospitals serving uninsured and low-income patients, and extending funding for diabetes research.


In contrast, the CMS price transparency regulations primarily focused on hospitals, requiring them to publish their standard charges, including the rates negotiated with insurers and the discounted price a hospital is willing to accept directly from a patient if paid in cash. The Lower Costs, More Transparency Act expands on these regulations by encompassing a broader range of healthcare providers and services, including prescription drug costs, and placing a greater emphasis on empowering patients and employers with detailed cost information.


The aim of the Lower Costs, More Transparency Act is to bring a higher level of transparency and accountability to the healthcare system, enabling patients to have more control and understanding of their healthcare expenses.


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https://www.beckershospitalreview.com/finance/the-lower-costs-more-transparency-act-9-things-to-know.html

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PDF 231 pp

https://d1dth6e84htgma.cloudfront.net/Final_TRANSP_FLR_PKGE_02_xml_a8c7850f5a.pdf


AI SUMMARY OF HR5378

The "Lower Costs More Transparency Act" (H.R. 5378) is a comprehensive legislative proposal aimed at increasing transparency in healthcare pricing and reducing healthcare costs for patients. This detailed summary provides an overview of its key components:

Improving Healthcare Transparency:

Hospital Price Transparency: Hospitals are required to publicly disclose their standard charges for items and services, including discounted cash prices, payer-specific negotiated charges, and de-identified minimum and maximum negotiated charges.

Transparency in Other Sectors: Similar transparency requirements are extended to clinical diagnostic laboratory tests, imaging, ambulatory surgical centers, health coverage, pharmacy benefits, and more.

Reducing Healthcare Costs for Patients:

Generic Drug Applications: The Act aims to increase transparency in generic drug applications.

Medicaid and Medicare Reforms: It addresses spread pricing in Medicaid and modifies payment structures in Medicare, particularly for services furnished off-campus.

Supporting Patients, Health Care Workers, Community Health Centers, and Hospitals:

The Act provides extensions and support for community health centers, National Health Service Corps, special diabetes programs, and addresses Medicaid disproportionate share hospital payment reductions.

Increasing Access to Quality Health Data and Lowering Hidden Fees:

Health Data Access: It focuses on increasing plan fiduciaries' access to health data.

Disclosure of Hidden Fees: The Act mandates the disclosure of hidden fees and prescription drug price information.

Enforcement and Compliance:

It establishes a framework for monitoring compliance and enforcing the transparency requirements, including civil monetary penalties for non-compliance.

Consumer-Friendly Approach:

The Act emphasizes the importance of presenting information in a consumer-friendly format, ensuring that patients can easily understand and compare healthcare prices.

Accessibility:

Measures are included to ensure that the disclosed information is accessible to individuals with limited English proficiency, possibly through interpretation services or translations.

Implementation and Funding:

The Secretary of Health and Human Services is tasked with implementing the Act's provisions, with specific focus on the accessibility of charge and information submission by hospitals.

This Act represents a significant effort towards increasing transparency in healthcare pricing, potentially leading to more informed healthcare decisions and potentially lower healthcare costs for patients.

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LUGPA SAYS "YAY"

https://www.lugpa.org/the-lower-costs--more-transparency-act

JD SUPRA Summary (similar to AI)

https://www.jdsupra.com/legalnews/u-s-house-of-representatives-passes-5860741/

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To be or not to be compliant? Hospitals' initial strategic

responses to the federal price transparency rule

https://pubmed.ncbi.nlm.nih.gov/37930618/

Jessica N. Mittler PhD1

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Part D, JAMA aritlce, about 1/2024, on wide wide price range of generic drugs in part d.  Hernandez 330:2390.


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GOOGLE SEARCH

hospital compliance with price transparency

https://www.google.com/search?sca_esv=596939601&rlz=1C1CHBF_enUS923US923&sxsrf=ACQVn0_ObOJltBlzeoKbNKE-B18kyychWQ:1704820238153&q=hospital+compliance+with+price+transparency&tbm=nws&source=lnms&sa=X&ved=2ahUKEwjnu82l5tCDAxVJJkQIHWKyCCUQ0pQJegQIDRAB&biw=1455&bih=665&dpr=1.1





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