Group health plans and health insurance issuers offering group or individual health insurance benefits must annually submit a Gag Clause Prohibition Compliance Attestation to the Departments of Labor, Health and Human Services, and the Treasury. This attests to compliance with Internal Revenue Code section 9824, Employee Retirement Income Security Act (ERISA) section 724, and Public Health Service Act section 2799A-9, as added by the Consolidated Appropriations Act, 2021, and as applicable.
These provisions generally prohibit plans and issuers from entering into certain provider agreements that would prevent the disclosure of cost or quality of care information or data, and certain other information to active or eligible participants, beneficiaries, and plan enrollees, sponsors, or referring providers, or restrict the plan or issuer from sharing such information with a business associate consistent with applicable privacy regulations. These provisions became effective Dec. 27, 2020.
The CAA Gag Clause Survey submission window for 2025 has closed.
HMSA submitted the attestation for 2025. You may view the submission receipt here [PDF].
If you have any questions or concerns about the certification or your obligations under CAA, please consult your legal advisers. If you have questions regarding HMSA and the CAA Gag Clause Prohibition Compliance Attestation, please check the Frequently Asked Questions for more information or contact your HMSA account representative.