Gag Clauses & Group Health Plans: Employer Responsibilities and Requirements

OneDigital

The Consolidated Appropriations Act, 2021 (CAA) requires group health plans and issuers to annually attest that their plan network and provider contracts do not include gag clauses.

This requirement applies to fully insured and self-insured group health plans, including ERISA plans, non-federal governmental plans, and church plans. Additionally, this requirement applies regardless of whether a plan is considered grandfathered under the ACA.

In this advisory session, OneDigital Compliance team members, Jessica Hajjar and Mollie Sledd, share information about the prohibition of gag clauses, your responsibilities as a plan sponsor, and the necessary steps to complete the attestation process in preparation for the upcoming December 31st deadline.

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