Gag Clause Attestations - From the Desk of Allison Johnson
(Posted on 10/11/23)
It seems like every new piece of legislation passed gives us a new disclosure to worry about. One of the newest ones we have to contend with is the Gag Clause Attestation brought to us by the CAA of 2021.

Basically, groups can’t enter into contracts that restrict information like provider specific costs- makes sense when you consider this same bill brought us national surprise billing protections. (Don’t worry, we’ll cover that another time.) The attestations need to be completed by 12/31/23.

For your fully insured groups, there’s really nothing to worry about here. The carriers are required to complete the attestation for your groups, and they all confirmed that they are.

Self-insured groups, as usual, have to make sure they know what their obligations are. Cigna, UHC, and Horizon have confirmed that they are not filing for the groups. That includes your Horizon Level Select clients. Aetna has changed their minds a few times, but has currently decided on filing for their AFA groups.

We’ve compiled all of the current information for our carriers in one document. You can grab it in the link below. I also added a link to the FAQ from CMS if you’re interested. As always, if you have any questions, feel free to give us a call!

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