CAA Gag Clause Confirmation of Compliance

Beginning December 31, 2023 and annually thereafter, the Consolidated Appropriations Act (CAA) of 2021 will require group health plans to submit gag clause prohibition compliance attestations. Select Health has completed the necessary review of its agreements to ensure compliance with the gag clause prohibition and will do the following:

  1. Make the attestation for fully insured customers as required.
  2. Provide a Confirmation of Compliance for self-funded customers to support them in doing their own attestation.

Select Health Brokers may share the following Select Health branded document with customers: Confirmation of Compliance - Gag Clause Attestation

Select Health hereby attests that the administrative services it provides to its self-funded customers are consistent with the requirements set forth in the Consolidated Appropriations Act, 2021 (PL 116260), Division BB, Section 201: INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE AND QUALITY INFORMATION.

Please let your Select Health Account Manager know if you have any questions.

Attestation deadline is December 31, 2023

You may use the Confirmation of Compliance to support your attestation for any Select Health administered medical, pharmacy and behavioral health services.

Health and Human Services (HHS) has supplied the portal and instructions for issuers and customers to do their attestation via CMS. It is important to follow the instructions that are accessible through the CMS site.

Your Select Health representative may have also sent the Confirmation of Compliance.

Please contact your broker or Select Health representative if you have any questions.