States’ Oversight Approaches to Hospitals’ Market Behaviors: A Set of 50-State Maps


By Karen Davenport, Julia Burleson, Abigail Knapp, and Kennah Watts

Hospitals present vital, advanced providers to their communities, similar to trauma care, intensive care, and life-saving surgical procedures, and are additionally an essential supply of major and preventive care by way of their outpatient departments. However this essential care doesn’t come low cost. The USA spent $1.5 trillion on hospital care in 2023, which represents 31 p.c of complete well being care spending, with personal payers shouldering greater than one-third of this spending. Personal payers additionally pay greater than twice as a lot, on common, as public applications for hospital care, and expertise considerably greater charges of progress in spending for these providers. These dynamics elevate essential affordability considerations for well being care customers, with implications for medical health insurance premiums, cost-sharing tasks, and entry to care. 

As state and federal policymakers study vital points within the American well being care system, notably the inter-related problems with protection, value, and entry to care, they want a deep understanding of how the general public sector at the moment regulates and, in some circumstances, workouts oversight authority over this essential element of the nation’s well being care supply system. Many of those regulatory and oversight actions happen on the state stage. To foster this understanding, and to tell future policymaking, CHIR examined states’ oversight of hospitals’ position in well being care markets and have arrayed the findings over a collection of eleven distinctive maps depicting approaches in all 50 states and the District of Columbia. This evaluation ranges from states’ broad curiosity in understanding well being care spending and affordability, to extra focused interventions, particularly:

  • Value progress benchmarks
  • State affordability places of work
  • Hospital transaction oversight
  • Certificates of public benefit
  • Certificates of want
  • Anti-competitive contracting restrictions
  • Hospital billing oversight
  • Hospital monetary reporting necessities
  • Hospital possession transparency
  • Hospital worth regulation
  • Hospital shopper monetary protections

For the definitions of the phrases above, go to our glossary right here.

CHIR’s Early Findings and Observations

The CHIR staff can be diving deeper into most of the subjects these maps illustrate over the approaching months, similar to worth regulation, cost-growth benchmarks, possession transparency, and monetary reporting necessities. A few of our preliminary observations embody:

  • States take distinctive and generally idiosyncratic approaches to managing hospitals’ position within the well being care system. Some states take a constantly hands-off place to hospital regulation. Utah, for instance, workouts state authority in solely one of many eleven domains we examined1. Different states are rather more concerned in regulating hospitals’ market habits. Oregon, for instance, exerts statutory or regulatory authority in ten of our eleven map domains and is arguably a coverage chief in transaction oversight and worth regulation2. Lastly, states similar to Texas, which is one in all 4 states within the nation that prohibit anti-tiering and anti-steering provisions in payer/supplier contracts, takes an in any other case comparatively laissez-faire method to hospital regulation as demonstrated by the dearth of transaction oversight authority. 
  • Coverage areas ripe for better adoption embody: worth regulation, notably using reference pricing, with states increasing their use of this technique from state worker well being applications (SEHPs) to the business market; billing oversight, together with use of enhanced charge evaluate and prohibitions on facility price fees; and the extension of merger evaluate authority to post-transaction oversight. 
  • Some states are investing vital capability in knowledge assortment and evaluation to grasp hospitals’ position inside their state’s advanced well being care financing and supply system. Organizations similar to Massachusetts’s Middle for Well being Data Evaluation, the Maine Well being Information Group, California’s Division of Well being Care Entry and Data, and comparable businesses in different states have developed refined knowledge assortment, evaluation, and dissemination capabilities that enhance policymakers’ understanding of the well being care panorama.
  • Greater than half of the states haven’t established sure monetary protections for hospital sufferers, similar to requiring hospitals to supply fee plans or limiting rates of interest on medical debt. New federal insurance policies, mixed with Congress’s failure to increase enhanced premium tax credit (PTCs) for Market protection are anticipated to scale back medical health insurance protection by greater than 14 million folks, considerably rising the chance that many customers will fall into medical debt. The absence of state-level monetary protections might due to this fact be of pressing curiosity to state residents.

For extra data, please go to CHIR’s interactive maps right here.

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