Emerging Tech Law Series: Section 201 Gag Clause Prohibition Compliance Attestation
December 31, 2023 is the deadline for submission of the inaugural Section 201 Gag Clause Prohibition Compliance Attestation to the Departments of Labor, Health and Human Services, and the Treasury.
The federal government passed the Consolidated Appropriations Act in 2020 (CAA) with the goal of improving price and quality transparency in healthcare. Specifically, Section 201 of the CAA prohibits employers/plan sponsors from entering into contractual arrangements that contain “gag clauses.”
To ensure compliance, Section 201 requires that plans submit an annual attestation that the plan did not enter any agreements that contain gag clauses.
Jenn Malik provides practical insight to ensure that your company is compliant.
Tags: Section 201 Gag Clause