The Washington Report

May 29, 2024

Note to Subscribers

While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change after our publication deadline.

Health

 

Departments Release Prohibition on Gag Clauses on Price and Quality
Information in Provider Agreements
On May 24, 2024, the Departments of Treasury, Labor, and Health and Human
Services (Departments) released information on the Prohibition on Gag Clauses on
Price and Quality Information in Provider Agreements. Group health plans and health
insurance issuers offering group or individual health insurance coverage must annually
submit a Gag Clause Prohibition Compliance Attestation (GCPCA) to the Departments.
A GCPCA is an attestation of compliance with Internal Revenue Code Section 9824,
ERISA Section 724, and Public Health Service Act Section 2799A-9, added by the
Consolidated Appropriations Act, 2021, as applicable. These statutory provisions
became effective December 27, 2020.

The 2024 Instructions are available here.

The 2024 User Manual is available here.

The 2024 Template is available here.