Federal Trade Commission Chairman Andrew N. Ferguson sent letters to 24 of the nation’s largest healthcare services companies on October 5, 2026. The correspondence warned that failing to provide timely, accurate and complete pricing information can be an unfair or deceptive practice.

The letters stated that non-compliance with price transparency obligations may violate the FTC Act, particularly for routine and non-emergency medical care scheduled in advance. Compliance with Centers for Medicare & Medicaid Services price transparency rules does not create a safe harbor from FTC Act liability, according to the letters.

Why It Matters

The Federal Trade Commission’s warning to 24 major healthcare companies signals an intensified regulatory approach to price transparency in the medical sector. By clarifying that compliance with other federal rules does not shield companies from FTC Act liability, the agency is asserting its independent authority to police deceptive pricing practices.

This move connects to a broader strategy of coordinated enforcement through the Healthcare Task Force, which seeks to integrate efforts across multiple federal agencies. The inclusion of the Department of Justice and the Department of Health and Human Services in future task force operations suggests a unified government approach to addressing high healthcare costs and anticompetitive behaviors.

Timeline

On October 5, 2026, Federal Trade Commission Chairman Andrew N. Ferguson sent letters to 24 of the nation’s largest healthcare services companies. The letters warned that failing to provide timely, accurate and complete pricing information can be an unfair or deceptive practice.

They also stated that compliance with Centers for Medicare & Medicaid Services price transparency rules does not create a safe harbor from FTC Act liability.

Additionally, the letters stated that failing to disclose the price of a healthcare service may be deceptive if the omission is likely to mislead consumers acting reasonably under the circumstances. The documents noted that disclosures may be deceptive if they are incomplete, such as when they omit physician or facility fees. Chairman Ferguson urged the healthcare services companies to conduct a comprehensive review of their price disclosure practices and take swift corrective action as needed.

What's New

The Healthcare Task Force plans to expand its membership to include the Department of Health and Human Services and the Department of Justice, as stated in Ferguson’s memo to coordinate cross-agency enforcement on healthcare antitrust issues. The task force, established in March 2026, includes representatives from the FTC’s Bureau of Competition, Bureau of Consumer Protection, and Bureau of Economics, with a mandate to coordinate enforcement strategies and expand partnerships with agencies like the Department of Health and Human Services. Primary source: ftc.gov

The FTC has issued two price transparency rules targeting healthcare pricing, including requirements for hospitals to publish standard charges for non-emergency services, as outlined in a 2026 transcript of Ferguson's remarks. The FTC previously secured a $7 billion settlement with Express Scripts in 2025, requiring changes to business practices that increased transparency and reduced patient drug costs, demonstrating the agency’s enforcement priorities under Ferguson’s leadership. Primary sources: ftc.gov, ftc.gov (2)

Ferguson’s tenure at the FTC includes four major merger challenges in 2025, two of which targeted healthcare markets, reflecting the agency’s prioritization of antitrust enforcement in the sector. Chairman Andrew N. Ferguson previously served as solicitor general of Virginia and chief counsel to Senate Republican leader Mitch McConnell, giving him extensive experience in antitrust and regulatory law. Primary source: ftc.gov