Health Plans Required to Submit Gag Clause Attestations

The Departments of Labor, Health and Human Services, and the Treasury have issued a requirement for health plans and health insurance issuers to submit an annual attestation of compliance with the Consolidated Appropriations Act's (CAA) prohibition of gag clauses, starting 12/31/2023.

Gag clauses, prohibited since 12/27/2020, prevent plans or issuers from sharing information about provider price, quality, and deidentified claims, which could limit transparency. Employers need to ensure that their contracts with health plan service providers do not contain such clauses and are required to submit an attestation of compliance.

If a health plan is fully insured, the issuer can provide the attestation, otherwise, the responsibility falls on the health plan. A new website has been launched by the Departments to facilitate the submission of these attestations.


For more information the Gag Clause Prohibition Compliance Attestation, click on the CMS page here.