An Analysis of Popular Legal Arguments Against Price Transparency

mfnIn health care provider-insurer contracts, three types of clauses inhibit price transparency: (1) non-disclosure agreements, or “gag clauses;” (2) anti-tiering/anti-steering clauses; and (3) most favored nation clauses.

Efforts to advance price transparency in health care often run into legal obstacles that make it difficult to obtain and share the information with consumers, other health care entities, or government agencies. Health care providers and insurers often argue that pricing information may not be made public because it is (1) confidential by contract, or (2) protected as trade secret.

See article here – Price_Transparency_Legal_Brief

Editor’s Note: Remember when you were a child and were told you couldn’t have something? You thought to yourself “yeh, right buddy, I’m going to get it anyway!” And you did. So should you.

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