Important Reminder: Gag Clause Attestation Due 12/31/23 - Bim Group

Important Reminder: Gag Clause Attestation Due 12/31/23

The Consolidated Appropriations Act of 2021 (the CAA) requires group health plans to attest compliance with the CAA’s gag clause prohibition on an annual basis. While the prohibition of gag clauses was effective December 27, 2020, the first annual attestation is due December 31, 2023. Group health plan sponsors should begin taking steps now to prepare.

Click here for our latest resource document regarding this requirement and various carrier / TPA approaches.

Also, here is a link to a video walkthrough of how to file the attestation for those plan sponsors who need to file on their behalf.

 

Recent Insights

June 26, 2025
Compliance Alert

New Federal Data Sharing Deals Heighten Compliance Risks for Plan Sponsors

READ TIME: 5  MINUTES Recent federal changes are reshaping the way immigration enforcement intersects employment issues, posing new compliance risks for employers and plan sponsors. Two recent developments ramped up coordination among government agencies, including the Internal Revenue Service, to detect and deter unauthorized work and benefits, and shed light on what employers need to […]
Read more
June 12, 2025
ERISA

Navigating State PBM Laws: Understanding ERISA Preemption and Compliance

READ TIME: 6 MINUTES Pharmacy benefit managers (PBMs) play a pivotal role in the U.S. healthcare system, managing prescription drug benefits on behalf of insurers and employer-sponsored health plans. However, rising concerns over PBM transparency, pricing practices, and reimbursement rates have led to an expanding patchwork of state-level legislation. For employers – especially those offering […]
Read more
June 12, 2025
News

Federal Agencies Announce Pause in Enforcement of 2024 Mental Health Parity Rule

READ TIME: 5 MINUTES On May 15, 2025, the U.S. Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (IRS) (collectively, “the Departments”) issued an anticipated nonenforcement policy regarding the 2024 Final Rule implementing the Mental Health Parity and Addiction Equity Act (MHPAEA). This follows a legal challenge to the 2024 Final […]
Read more
June 12, 2025
Compliance Alert

May 2025 Compliance Recap

In May, applicable large employers were focused on RxDC reporting, due in June, and the PCORI filing, due in July. The U.S. Departments of Labor, Health and Human Services, and the Treasury jointly announced a pause in enforcement of the 2024 Final Rule implementing the Mental Health Parity and Addiction Equity Act (MHPAEA), and a […]
Read more