Q: What is the Gag Clause Prohibition Compliance Attestation?
A: Under the transparency provisions of the Consolidated Appropriations Act, 2021 (CAA), group health plans and health insurance issuers must annually submit to the U.S. Departments of Labor, Health and Human Services, and the Treasury an attestation that the plan or issuer is in compliance with IRS Code section 9824, ERISA section 724, and Public Health Service (PHS) Act section 2799A-9, as applicable (Gag Clause Prohibition Compliance Attestation).
These provisions generally prohibit plans and issuers from entering into agreements that would prevent disclosure of cost or quality of care information, or that would restrict the plan or issuer from sharing that information with a business associate.
The Centers for Medicare & Medicaid Services FAQ Part 57 is available now addressing the gag clause prohibition.