Since January 1, 2026, CMS reduces a hospital price transparency penalty by 35 percent if the hospital asks in writing, within 30 days, to waive its right to a hearing, under 45 CFR 180.90(c)(4).
35%
off a hospital price transparency penalty when the hospital waives its right to a hearing within 30 days
Since January 1, 2026, CMS reduces a hospital price transparency penalty by 35 percent if the hospital asks in writing, within 30 days, to waive its right to a hearing, under 45 CFR 180.90(c)(4).
The reduction does not apply when CMS imposed the penalty because the hospital failed to post a machine-readable file or a consumer-friendly list.
Sources: 45 CFR 180.90(c)(4), civil monetary penalties (eCFR) (opens in a new tab), 180.90(c)(4); CMS, CY 2026 outpatient payment final rule, hospital price transparency policy changes (fact sheet) (opens in a new tab), Civil Monetary Penalties: Waiver of Hearing, Automatic Reduction of Penalty Amount. Verified October 2026.
Related charts
- From research
A large bed count or a long period made the three largest price transparency fines
CMS, Hospital Price Transparency enforcement actions; 45 CFR 180.90, civil monetary penalties (eCFR) - From research
The .txt file was the requirement CMS cited most often in its 27 price transparency fines
CMS, Hospital Price Transparency enforcement actions - From research
Since late 2024, CMS's price transparency fines cite how the file is built and found
CMS, Hospital Price Transparency enforcement actions; 45 CFR 180.50, requirements for making public hospital standard charges (eCFR) - From research
A fine came 68 to 626 days after CMS asked the hospital for a corrective action plan
CMS, Hospital Price Transparency enforcement actions; CMS, Hospital Price Transparency Enforcement Activities and Outcomes (data.cms.gov)
Related facts
27 of 27
price transparency penalty notices that charged the maximum daily amount in force on the first day counted
All 27 hospital price transparency penalty notices CMS posted from June 7, 2022 to June 3, 2026 charged the maximum daily amount in force on the first day each counts, by Kent Applied's check of every notice's arithmetic against 45 CFR 180.90 and 45 CFR 102.3.
Source: CMS, Hospital Price Transparency enforcement actions.
KentApplied12 of 27
of CMS's 27 hospital price transparency penalty notices, June 2022 to June 2026, cited the .txt file
12 of the 27 penalty notices CMS posted under the hospital price transparency rule from June 7, 2022 to June 3, 2026 said the hospital's website had no .txt file in its root folder pointing to the price file, or had one that left out required details, by Kent Applied's count of the notices.
Source: CMS, Hospital Price Transparency enforcement actions.
KentApplied13 of 26
of the hospitals CMS fined under the price transparency rule got a CAP request with no warning notice first
For 13 of the 26 hospitals CMS fined under the price transparency rule from June 2022 to June 2026, the first letter was a notice of violation with a request for a corrective action plan (CAP), with no warning notice before it, by Kent Applied's count of the penalty notices.
Source: CMS, Hospital Price Transparency enforcement actions.
KentApplied
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