Gag Clause Attestation Compliance Guide

This document is a guide on the Gag Clause Attestation process as mandated by the Consolidated Appropriations Act, 2021. It outlines the prohibition of gag clauses in agreements between group health plans and service providers, detailing the types of restrictions that are not permissible. The guide specifies that all group health plans, including fully-insured and self-funded plans, must comply with these requirements, while certain plans such as stand-alone dental or vision plans are exempt. The document explains the attestation process, which requires plans and issuers to submit an annual compliance attestation to the Departments of Labor, Health and Human Services, and Treasury. It provides a step-by-step approach to completing the attestation, including identifying service providers, confirming compliance, and submitting the attestation form. Additionally, it addresses the timeline for submissions and the responsibilities of employers in ensuring compliance with the gag clause prohibition.