December 31 Gag Clause Attestation Due Date Is Fast Approaching

Group health plans must submit an annual attestation confirming agreements entered into with service providers do not contain “gag clauses,” which are limitations regarding the plan’s ability to access certain de-identified claims data or disclose provider-specific information to third parties, including plan participants.  The first attestation is due by December 31, 2023, and will cover the period of December 27, 2020 through December 31, 2023. Notably, not all third-party service providers are willing to submit the attestation on behalf of their clients, which means that plan sponsors may need to complete the submission themselves to ensure compliance.  For more information, please see our March Client Alert.