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October 22, 2024
The Consolidated Appropriations Act, 2021 (CAA) contains a rule barring group health plans and health insurance issuers from entering into agreements with providers that restrict them from sharing provider-specific cost and quality data, as well as deidentified plan members’ claims data with a business associate.
The rule, known as the gag clause prohibition, also requires group health plans and health insurance issuers to submit an attestation of compliance with the rule to the U.S. Departments of Health and Human Services (HHS), Labor and Treasury each year.
We will submit our attestation of compliance on behalf of all fully insured and self-funded employer groups that were active at any time during 2024. Self-funded groups will receive an email from their account executive requesting approval for us to submit the attestation on their behalf. We will submit our attestation before the Dec. 31, 2024 deadline and provide confirmation for groups’ recordkeeping in future editions of Producer News and Employer News.
If a self-funded group wishes to submit an attestation directly to the Departments of HHS, Labor and Treasury, the following Confirmation of Compliance is provided to support their request.
Regence hereby confirms that the administrative services it provides to fully insured and self-funded customers are consistent with the gag clause prohibition requirements set forth in the Consolidated Appropriations Act, 2021 (PL 116 - 260), Division BB, Section 201: INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE AND QUALITY INFORMATION. |
Groups can find more information about gag clause compliance, FAQs and attestation submission instructions at this site: Gag Clause Prohibition Compliance Attestation | CMS
Questions? Please contact your account representative.