Q: What is a “gag clause?”
A: In general a “gag clause” is a contractual term that directly or indirectly restricts specific data and information that a plan or issuer can make available to another party. Gag clauses in this context might be found in agreements between a plan or issuer and any of the following parties:
- a health care provider
- a network or association of providers
- a TPA
- another service provider offering access to a network of providers