November 19, 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.
Regence has concluded that we are in compliance with the gag clause prohibition, as defined by the CAA, in provider contracts we manage directly or that a vendor manages on our behalf. We will submit our attestation of compliance on behalf of all fully insured groups and self-funded groups that authorize us to submit the attestation on their behalf. We will submit our attestation before the Dec. 31, 2024, deadline.
You can keep the following Confirmation of Compliance for your records, and we will provide you confirmation that our attestation was submitted in a future edition of Employer News.
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.
You 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.