Gag Clause Attestation Updates for 2024

CMS released updated instructions and an updated user manual to assist responsible entities with submitting Gag Clause Attestations by December 31, 2024 via CMS’ website portal.

As a reminder, the gag clause prohibition and corresponding annual attestation requirements apply to virtually all employer-sponsored health plans, but not excepted benefits (e.g., stand-alone dental or vision, health FSA, EAP), retiree-only plans, or account-based plans (e.g., HRAs).

For 2024, minor changes were made to the webform to allow selection of an attestation year and attestation period and to further clarify the type of plan that is being reported as well as the type of provider agreements included in the attestation. The webform now also includes a text box that allows for an explanation of the attestation if needed.

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