Gag Clause Prohibition Compliance Attestation

Lorman Education Services

Learn how to evaluate contracts for compliance with the gag clause attestation.

The Consolidated Appropriations Act of 2021 (‘CAA-21’) prohibits group health plans and health insurance issuers from entering into agreements containing “gag clauses,” and requires them to make an annual attestation of compliance with this prohibition. However, many group health plan sponsors are not sure what a ‘gag clause’ is or how to handle the attestation requirements This presentation will help human resources managers, benefits administrators, business owners and managers, how to evaluate contracts with health care providers, third party administrators, pharmacy benefit managers, or networks/associations or providers for compliance with the gag clause attestation and how to make the attestation of compliance to the Department of Health and Human Services (‘HHS’). The presentation also explains the detailed requirements of the Gag Clause Prohibition Attestation webform provided by HHS and where the attestation process can be outsourced to third parties. Plans and issuers that fail to timely submit the attestation may be subject to enforcement action and may also be subject to penalties of up to $100 per day for each day an attestation is not filed. This course is critical for any employer that sponsors a group health plan so they can ensure compliance and understand these significant requirements

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