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Tri-Agencies Release Guidance for Group Health Plan 'No Gag Clause' Attestations
Proskauer 
[Guidance Overview] Mar. 15, 2023 "The Departments clarify that gag clauses include restrictions on the disclosure of provider rates regardless of whether the TPA considers them 'proprietary,' or provisions that allow access to provider-specific cost and quality-of-care information only at a TPA's discretion. In addition, provisions that indirectly operate to restrict access to or disclosure of applicable information violate the prohibition on gag clauses -- even if they don't expressly restrict disclosure." |
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