The Consolidated Appropriations Act of 2021 (CAA) prohibits gag clauses in healthcare contracts and requires group health plans and insurers to attest annually to the Departments of Labor, HHS, and Treasury. These attestations must state that the issuing parties will not agree to contracts with provider networks, business associates, and third-party administrators that prohibit the sharing of price and quality data, such as allowed amounts, provider names and clinical designations, service codes, or other data elements.
These attestations must be submitted each year by December 31 covering the period since the last attestation. CMS recently released guidance on the gag clause prohibition compliance attestations for the 2024 year.
A more detailed summary can be viewed at the link below.
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