Representatives John Sullivan (R-OK), David Scott (D-GA), and Jim McDermott (D-WA) have introduced H.R. 5295, the Healthcare Truth and Transparency Act of 2010. The bipartisan measure has support from the American Medical Association, the American College of Surgeons, the American Psychiatric Association, and several other medical organizations that have signed on to a letter attesting to the importance of the bill.

The congressional findings in the bill drew several significant conclusions: consumers are often unaware of the differences in qualifications, training and education of health care professionals; patients are often confused about the meaning of health care lingo in ads and marketing materials; and a national survey has indicated the public has strong support for regulating advertising and marketing claims of health care professionals.

The bill focuses on maintaining the accuracy of information that patients receive, by prohibiting deceptive advertising or representation of health care services. In particular, the act prohibits misleading statements or actions regarding a person's possessing a state health care license; or misrepresentation regarding a person's education, training, degree, license or clinical expertise. The bill also requires that anyone advertising health care services must disclose in the ads the particular license under which the person is authorized to provide the health care services. Violations of the act would be considered unfair or deceptive under the Federal Trade Commission Act.
The bill would also provide for the Federal Trade Commission to conduct a study of health care professionals in order to determine what sort of acts and practices would be a violation of the proposed law; the frequency of these types of deceptive acts in the health care profession; and to identify specific case studies of harm or injury to patients that resulted from misrepresentation by health care professionals.

The collective letter from the medical organizations in support of the bill stated in part: "Recent studies confirm increasing patient confusion regarding the many types of health care providers--including physicians, technicians, nurses, physician assistants and other allied providers engaged in providing services in health care settings...By ensuring that patients have reliable information, your legislation would ensure that consumers are empowered to make decisions that are best for them and their family. Our organizations support a health care system where all health care providers fulfill a role in providing quality health care to patients."

"H.R. 5295 simply holds all health care providers to the same truth in advertising standards as every other provider of a good or service in the United States--that is something that will benefit anyone who seeks medical care," Rep. Sullivan said in a press release. "It is important to note that the bill does not affect health care providers' ability to truthfully and accurately describe their degrees or titles that have been conferred by academic institutions or licensing boards, nor does the bill affect the ability of any health care provider to practice in their respective fields."

The bill has now been referred to the House Committee on Energy and Commerce.

Adapted in part from Representative Sullivan's press release:
Link: http://sullivan.house.gov/News/DocumentSingle.aspx?DocumentID=185431

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