Gag Clause Prohibition Compliance Attestation – What Employers Need to Know
The Consolidated Appropriations Act of 2021 (CAA) prohibits plans and issuers from entering into agreements with health care providers, third-party administrators (TPAs) and other service providers that would restrict the plan or issuer from providing, accessing or sharing certain information about provider pricing and quality of care as well as de-identified claims. Plans and issuers must annually submit an attestation of compliance with these requirements using the Centers for Medicare and Medicaid Services' (CMS) Health Insurance Oversight System (HIOS).
The first attestation, covering the period beginning December 27, 2020 through the date of the attestation, must be filed by December 31, 2023
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