Dive Brief:
- Last year, the Federal Trade Commission (FTC) teamed up with a local Idaho hospital to sue the state's largest health care provider, Boise-based St. Luke's Health System, in an effort to undo St. Luke's acquisition of Salzer Medical Group, the state's largest multi-specialty doctor practice. The FTC says the acquisition will give St. Luke's too much power to drive up local prices.
- Now, area media groups have asked the 9th U.S. Circuit Court of Appeals in San Francisco to unseal pricing data used as part of the basis for the proceedings; however, the parties involved say the pricing data involves trade secrets and should not be disclosed.
- Federal rules do allow judges to conceal trade secrets in court cases, and that includes "highly confidential" commercial data like pricing and price negotiations.
Dive Insight:
It's easy to understand why providers would be reluctant to share pricing data, as it does give them a competitive advantage in some situations. But it also makes sense that public advocates like the media should fight for more transparency in healthcare pricing, as such transparency could conceivably lower prices for consumers. This case is worth watching, as the results could have a national influence on when and how healthcare pricing data is shared in legal proceedings.