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How and Where Can Plan Sponsors Identify 'Gag Clauses' in Contracts?
PLANSPONSOR; registration may be required 
[Guidance Overview] Dec. 5, 2025 "Examples of gag clauses include a requirement in a PBM contract that prevents the disclosure of lower-priced alternative prescription medications. Such a requirement would constitute a gag clause, since it could prohibit disclosure of pricing information or disclosure of the fact that a medication may be cheaper without insurance. A gag clause would also include a provision in a provider contract with a plan that maintains the confidentiality of negotiated rates or quality metrics." MORE >> |
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