Gag Clause Prohibition Compliance Attestation Due December 31

The Consolidated Appropriations Act of 2021 (CAA) contains a variety of measures focused on improving transparency and enhancing consumer protection in health coverage. One of the many transparency-related components of the CAA is the prohibition of group health plans entering into any agreement or contract that contains a “gag clause.” As part of guidance issued by the U.S. Departments of Labor, Health and Human Services, and Treasury (the “Departments”) on February 23, 2023, group health plans and insurers must attest that they are in compliance with the gag clause prohibition.

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