Compliance News Week Ending December 13, 2024

Compliance News Week Ending December 13, 2024 

In this Article

1. Reminder - Gag Clause Attestations Due by December 31st
2. Reminder - HIPAA Policies and Procedures Updates for Privacy of Reproductive Health Care Services by December 22nd 

Reminder – Gag Clause Attestations Due by Dec. 31st 

Plan sponsors of group health plans are required to attest annually that any contracts between the group health plan(s) and service providers are free of prohibited gag clauses. Attestations for 2024 can be completed any time up until December 31st. Carriers will generally handle the attestation on behalf of fully insured group health plans. TPAs and PBMs may handle the attestation on behalf of self-funded group health plans, but otherwise the employer is responsible to attest. 

For employers who need to attest, or for brokers who choose to assist with the attestation, see our guide with detailed screenshots and tips for 2024 attestations.

Reminder – HIPAA Policies and Procedures Updated for Privacy of Reproductive Health Care Services by Dec. 22nd 

The 2024 Privacy Rule amends the HIPAA privacy rule to afford greater protection to protected health information (PHI) that is related to reproductive health care, with the goal of maintaining the necessary trust between patient and healthcare provider. Previously, HIPAA-regulated entities (i.e., covered entities and business associates) were generally permitted to disclose PHI for certain public policy-related reasons, including law enforcement. The 2024 Privacy Rule further restricts this permission by prohibiting such entities from disclosing PHI related to lawful reproductive health care in certain situations without obtaining a valid attestation first. 

Compliance with the 2024 Privacy Rule is required by December 22, 2024, so employers should adjust their HIPAA policies and procedures and required HIPAA training for their workforce members that have access to PHI to satisfy these new rules. 

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