Deadline Looms for Gag Clause Attestations: Legal Professionals Must Ensure Compliance by December 31, 2023

In an essential notice to legal professionals worldwide, the deadline for gag clause attestations – December 31, 2023 – is fast approaching.

For those sponsoring a group health plan, it’s of utmost importance to set a calendar reminder well before the end of the year. This is to submit the annual gag clause prohibition compliance attestation. This requirement is enforced by the Consolidated Appropriations Act of 2021 (CAA).

As reported by JD Supra, the CAA prohibits group health plans and health insurance issuers from entering into agreements with service providers that restrict the plan’s ability to disclose certain information to another party.

This legislation is a critical component in the drive towards enhanced healthcare transparency, aiming to prevent deceptive practices that could limit access to crucial, often cost-related, information for consumers.

It is crucial for legal professionals involved in health plans or insurance issuers to ensure their compliance with this regulation to avoid contraventions at the end of 2023. The consequences can range from reputational damage to potential legal repercussions.

More information can be found in the detailed guide on gag clause attestations at JD Supra, linked above. It serves as a vital resource for understanding this complex regulatory obligation.