Under the Consolidated Appropriations Act, 2021 (CAA), all group health plans must comply with the federal Gag Clause Prohibition—a rule that bans contracts that prevent employers or plans from accessing or sharing important provider cost, quality, and de-identified claims information.

Because of this rule, employers must submit an annual attestation confirming they have no prohibited gag clauses in any agreements with their health plan service partners. The next deadline is December 31, 2025.

Who Must Submit?

Fully Insured Employers

Your insurance carrier typically submits the attestation for you. If the carrier files, you’re considered compliant—no separate employer action needed.

Self-Funded Employers

You may contract with your TPA to submit the attestation, but the legal responsibility remains with you. If your TPA declines to file, you must submit the attestation directly.

Even If a Violation Exists, You Must Still Attest

If you discover a prohibited gag clause in a contract—and your vendor won’t remove it—you still must:

  • Submit the attestation
  • Disclose the issue in the submission portal
  • Document your efforts to correct it

Federal agencies consider good-faith reporting when reviewing potential enforcement.

How BeneSkill Helps

BeneSkill assists employers by:

  • Reviewing carrier and TPA contracts for prohibited clauses
  • Determining whether your carrier/TPA will submit on your behalf
  • Supporting self-funded employers with direct attestation filing
  • Ensuring compliance well before the annual deadline

Our goal is to reduce administrative burden and keep your organization fully compliant with federal transparency rules. If you have any questions feel free to reach out to Lenny Cavender.