No-Gag Clause Rule Update

Effective December 27, 2020, a health plan cannot enter into an agreement with a health care provider, network, third-party administrator, or other service provider offering access to a network of providers if that contract directly or indirectly restricts the plan from providing or accessing specified information (a "gag clause"). A health plan must submit an attestation annually to the federal government that the plan complies with this rule.

On February 23, 2023 the Departments of Labor, Health and Human Services, and Treasury ("Departments") issued guidance on the "no gag clause" rule that was added as part of the Consolidated Appropriations Act, 2021 ("CAA"). More information on the CAA may be found in our January 2021 Client Alert and November 2021 Client Alert.