Is the Health Care PRICE Transparency Act Law? A Provider's Guide to H.R. 267


Cameron Fletcher
Head of Growth at PayerPrice
A payer brings a competitor's published rate into a contract meeting. Your team needs to check the number, explain what it represents, and decide whether the comparison is valid. A search for the “health care price transparency act” adds another question: does that act already require the disclosure?
The answer affects both your response to the payer and your briefing to leadership. A proposed bill does not create a new hospital or plan obligation. At the same time, current federal rules already put negotiated-rate data in public files. According to CMS's October 2026 Transparency in Coverage fact sheet, large files, missing context, and differences between hospital and payer disclosures still make those rates hard to compare.
As of October 27, 2026, Congress.gov lists H.R. 267, the current Health Care PRICE Transparency Act, as introduced, not enacted. This article identifies the older bills with the same name, explains what H.R. 267 proposes, separates those proposals from rules in force, and gives provider contracting teams a practical check for rate comparisons.
Which Health Care PRICE Transparency Act is the current proposal?
H.R. 267 is the Health Care PRICE Transparency Act introduced in the 119th Congress. It remains at the introduced stage on Congress.gov's bill tracker. Earlier Congresses used the same short title for other bills. A bill number without its Congress can therefore send a reader to the wrong text.
The full name is the Health Care Prices Revealed and Information to Consumers Explained Transparency Act. “PRICE” is an acronym in the bill's short title, not a generic label for every federal transparency measure. The following table identifies the versions a search commonly returns. Statuses were checked on October 27, 2026.
- S. 4106 — 116th Congress, June 2020 — Introduced in a Congress that has ended. This is an older proposal, not current law.
- H.R. 410 — 118th Congress, January 2023 — Introduced and referred to a House subcommittee. This Congress has ended; the bill did not become law.
- H.R. 267 — 119th Congress, January 2025 — Introduced and referred to the House Committee on Energy and Commerce. This is the current version discussed here; it has not become law.
Another search result, S. 2355, the Patients Deserve Price Tags Act, is a separate bill with a separate title and text. Its provisions do not belong in a summary of H.R. 267. The same rule applies to a later regulation or executive order: each source has its own legal status.
That distinction matters because existing healthcare price transparency rules already require hospital and insurer disclosures. Congress can propose a statute that builds on those requirements, while agencies administer rules issued under existing authority. CMS's hospital program and its Transparency in Coverage program describe obligations that do not depend on H.R. 267 passing. With the bill identified, the next question is what its own text proposes.
What does the Health Care PRICE Transparency Act propose?
H.R. 267 proposes to place specified hospital and health-plan price disclosures in federal statute. Its introduced text amends the Public Health Service Act and the Affordable Care Act. These are proposed statutory terms. They are not a new compliance deadline or an enacted revision to today's rules.
Hospital disclosures in H.R. 267
The hospital section specifies the price fields a hospital's public list of standard charges must include if H.R. 267 becomes law. The introduced bill names a description of the item or service, gross charge, payer-specific negotiated charge tied to the payer and plan, de-identified minimum and maximum negotiated charges, discounted cash price, and applicable billing codes. It also addresses public information for services that patients can schedule in advance.
According to the bill text, the proposed shoppable-services provision sets a combined target of at least 300 services where a hospital provides that many, with an alternative for a qualifying online price estimator. The text also contains enforcement language. Those details resemble parts of the existing hospital rule, which is one reason the bill's status is easy to misread. Similar wording does not make the proposal operative.
For a hospital contracting team, the proposed fields have a clear commercial implication: a payer-specific number becomes easier to identify when the payer, plan, billing code, and service are attached to it. The bill does not tell the team that a public number equals net revenue on a claim. The contract's payment method, modifiers, site of service, and adjudication still affect the amount received.
For an independent practice, this hospital section is not a general instruction for every physician office to publish a hospital machine-readable file. The section speaks to hospitals. Physician groups still have a direct interest in the plan-side data because those files contain in-network provider rates under rules already in force. That is the other half of H.R. 267's proposal.
Health-plan disclosures and consumer access in H.R. 267
The plan section proposes public rate information and consumer tools covering in-network services, out-of-network amounts, and prescription drugs. The introduced text names in-network provider rates, out-of-network allowed amounts and billed charges, and negotiated rates and historical net prices for covered prescription drugs. It also describes a self-service tool for cost-sharing searches and a paper response option for individuals.
These provisions serve different users. A consumer tool aims to show a person's cost-sharing information under a plan. A contracting analyst needs the public negotiated-rate data and enough context to match it to the provider, code, market, and contract. A patient estimate and a provider reimbursement benchmark are different outputs, even when they draw on some of the same underlying prices.
The distinction matters especially for prescription drugs. CMS says the existing plan rules include a prescription-drug machine-readable-file requirement, but federal enforcement of that requirement has been handled case by case. The bill's proposed language does not establish that a complete, usable drug-price file is available for every plan today.
H.R. 267 therefore gives readers a proposed statutory specification for hospital and plan disclosure. To determine what the team must publish or can inspect now, turn to the current CMS rules and their effective dates.
What rules apply while the Health Care PRICE Transparency Act is pending?
Hospitals and covered health plans already have federal price-transparency duties under separate regulations. H.R. 267 has not enacted those duties. CMS's hospital requirements apply to hospitals; the Transparency in Coverage rules apply to covered group health plans and insurers. A provider leader needs to identify the relevant rule before assigning compliance work or describing the source of a rate.
Hospital Price Transparency
The current hospital rule requires a machine-readable file of standard charges and a consumer-friendly way to view shoppable-service prices. CMS's hospital guidance lists gross charges, discounted cash prices, payer-specific negotiated charges, and de-identified minimum and maximum negotiated charges in the comprehensive file. Hospitals also display shoppable-service information or maintain a qualifying price estimator. CMS has monitored and enforced the hospital requirements since January 2021.
The rule has changed since its start. According to CMS's 2026 hospital policy fact sheet, the latest revisions require additional allowed-amount fields when a negotiated charge is expressed as a percentage or algorithm. The revisions also require a hospital attestation, a named senior official, and relevant organizational Type 2 NPIs in the file. CMS states the changes took effect on January 1, 2026, with enforcement of the new and updated requirements starting April 1, 2026.
For a hospital, this is an active publication and validation task. In an HFMA interview, Kettering Health leaders Brad Olson and Shelly Crunk describe the reconciliation and cross-team work behind accurate disclosures. Their experience illustrates why a file needs an owner, source-system checks, and an update process. The precise fields and dates come from CMS, not from that earlier interview.
Transparency in Coverage for health plans
The current plan rules require public machine-readable files with in-network negotiated rates and out-of-network allowed amounts. According to CMS, the original file requirements became applicable in July 2022, and plans and issuers update the files monthly. Covered plans also provide consumer cost-sharing information through a separate self-service tool. That tool answers a member's benefit question; it is not a substitute for a provider's contract analysis.
CMS finalized further Transparency in Coverage amendments on October 5, 2026. According to the final-rule fact sheet, the amendments address file location, contextual data, provider taxonomy, utilization information, attestation, and alignment between payer and hospital data. They also shift in-network reporting toward the provider-network level. CMS identifies file size and lack of context as problems the amendments address.
Finalized does not mean every new file field is already required. CMS gives separate applicability periods: five months after publication in the Federal Register for amended in-network and out-of-network files, eleven months for new contextual files, and plan or policy years beginning on or after January 1, 2027, for the amended consumer-tool provisions. The rule's effective date is also tied to Federal Register publication. Use those published dates when planning implementation, rather than adding months to the agency's announcement date.
The status map for a provider briefing is short:
- Is H.R. 267 current law? — No. Congress.gov lists it as introduced.
- Do hospitals publish negotiated charges now? — Yes, under the CMS hospital rule.
- Do covered plans publish in-network rates now? — Yes, under Transparency in Coverage.
- Are all October 2026 amendments already applicable? — No. CMS specifies later applicability periods.
These rules explain why a public rate exists. They do not establish that two public rates describe the same clinical service or payment arrangement. That is the decision the contracting team still has to make.
How can providers use transparency rates in a contracting discussion?
Use a published rate only after matching its source, payer, provider, service, and payment context to the rate you want to compare. A file proves what was published for a record. It does not, by itself, prove that your organization receives that amount on a particular claim or that a competitor's number is a fair benchmark.
The risk is concrete. In a vendor-published UNC Health case study, managed-care leaders Scott Trott and Erin Grigg describe trying to use payer files that were too large and variable for their team to mine directly. The account says a payer later cited transparency rates during a renewal, and UNC Health's team checked the payer's method and produced counterexamples. The case illustrates a validation workflow; it does not establish that every provider or payer faces the same result.
Use this five-part check before bringing a number into a proposal:
- Confirm the source and date. Record whether the rate came from a hospital file or a plan file, the publication month, and the underlying file URL. A stale or mismatched period changes the comparison.
- Match the payer, plan, and network. A national insurer name alone does not identify the contracted network or product. Confirm the specific relationship shown in the record.
- Match the provider entity. Check the organization, location, NPI, and any available tax or entity identifiers. An employed physician, an independent practice, and a hospital facility can appear in different contracting structures.
- Match the service and rate type. Verify the billing code, modifiers, place of service, professional or facility component, and whether the figure is a dollar amount, percentage, formula, or derived allowed amount. According to CMS's 2026 TiC fact sheet, some published provider-code combinations describe services the provider is unlikely to furnish. That is one reason to test clinical plausibility before calculating a market average.
- Check contract and payment context. Compare the published figure with the relevant contract terms, fee schedule, remittance, and claims mix. Kevin Barron, vice president of payer relations at University Health, explains that payer policies and contract language affect the payment a provider actually receives after a rate is negotiated.
Consider an illustrative comparison. A payer's file shows $800 for a procedure at one organization and $650 at another. The first record is a hospital facility amount; the second is a physician professional amount. The $150 difference says nothing useful about relative negotiating position because the records describe different components of care. Match the code, setting, component, and network before deciding whether either number belongs in the same analysis. These values are examples, not observed market rates.
Price transparency also works in both directions. In an HFMA roundtable, hospital executive Laurie Hurwitz describes using public market comparisons to answer a payer's assertion that her hospital was paid too much. Another participant, Seth Katz, discusses the risk that a payer uses one disclosed low rate to press other providers for a reduction. The response is the same in each case: show why the comparison is or is not valid, then connect it to the contract's full economics.
For leadership, the brief can be direct: H.R. 267 is an introduced bill, so it creates no new duty today. Existing CMS rules already require hospital charges and covered-plan rates to be published. Our immediate task is to test whether the specific published rates cited for our codes, plans, entities, and markets are comparable to our contracts and paid claims. That turns a legislative status question into an evidence question the team can answer now.
The Health Care PRICE Transparency Act remains a proposal. The H.R. 267 tracker establishes its status; CMS's hospital guidance and plan-rule fact sheet establish today's disclosure framework. Start with one high-volume code and one upcoming payer renewal. Confirm the matching fields above, then compare the public rate with your contract and actual payments. PayerPrice can support a focused commercial-rate audit by code, payer, provider, and market so the team enters the discussion with a traceable comparison.
Share this article
Help spread the knowledge by sharing with others
Ready to see how your rates compare?
PayerPrice gives you instant access to negotiated rate data across payers and providers so you can benchmark, negotiate, and optimize with confidence.
Related Articles
Continue exploring healthcare transparency and compliance topics
Price Transparency Healthcare Providers Can Use: A Guide to Comparable Commercial Rates
Published prices give providers new evidence for commercial payer discussions, but a rate is useful only when its source and context match the question. Learn how to choose the right file, test a peer comparison, and present a finding without overstating what the data proves.
Transparency in Coverage Rules: What Providers Can Actually Learn From Payer Rate Files
The Transparency in Coverage rules put negotiated commercial rates in public files. This provider guide explains what the files contain, when the 2026 changes take effect, and how to test a rate before using it in a contracting discussion.
MRI Cost: How to Compare the Price of the Same Scan Across Facilities
An MRI quote depends on the exact exam, the facility, the radiologist's fee, and your insurance benefits. Use this guide to compare complete quotes for the same scan and understand why a cash price, an insured estimate, and a negotiated rate are different numbers.