The world of corporate law is abuzz with the critical impending deadline concerning the ‘Gag Clause Attestation’. This has been set for December 31, with specific requirements which Group health plans must meet serving as a central subject for legal professionals, particularly in the United States.
As per the guidelines, group health plans are required to submit an annual attestation. This attestation must confirm that any agreements entered into with service providers do not contain the so-called ‘gag clauses’. These clauses are limitations regarding the plan’s capability to access certain de-identified claims data. They also limit the disclosure of provider-specific information to third parties which include plan participants. More on this issue can be found here.
The initial attestation is due by December 31, 2023. This attestation will cover the period from December 27, 2020, through December 31, 2023. Legal professionals worldwide, especially those who advise or represent group health plans, are advised to be mindful of this looming deadline and the legal requirements it encompasses. Firms such as Smith Gambrell Russell which specializes in such matters are expected to assist their clients in meeting these requirements.
Legal professionals may anticipate a flurry of activity as this deadline approaches, given the intricacies involved in this process. Thus, it is advised that corporate counsels and lawyers alike delve into these stipulations to ensure that their respective group health plans are compliant and avoid possible legal complications down the line.