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Gag Clause Compliance Attestation Requirements for Plan Sponsors
Sherman & Howard L.L.C. 
[Guidance Overview] Mar. 14, 2023 "Fully-insured and self-insured group health plans generally must submit the Gag Clause Prohibition attestation. This includes: Health plans covered by Title I of ERISA; State and local governmental health plans; and Church health plans that are subject to the Internal Revenue Code. Group health plan sponsors should confirm whether their plan service providers or third-party administrators will submit the attestation on the plan's behalf." |
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