Gag Clause Prohibition Compliance Attestation
CAA 2021 § 201; ERISA § 724; PHS Act § 2799A-9
Plans and issuers must attest annually that contracts with providers/networks/TPAs do not contain gag clauses restricting access to provider cost/quality data, claims data, or other information needed for plan administration. For fully insured plans, the carrier may submit the attestation on behalf of the plan; plan sponsors should confirm their carrier is handling this or submit independently.
Current Fee / Rate Information
No filing fee. Attestation submitted annually to CMS by December 31. Plans and issuers may submit jointly or separately.
Last reviewed: April 2026
Non-Compliance Penalties
Failure to comply: $100/day per affected individual under ERISA § 502(c)(10), potentially uncapped.
Official Source
https://www.cms.gov/marketplace/about/oversight/other-insurance-protections/gag-clause-prohibition-complianceTrack this and 71 other federal requirements. Personalized to your plan.