Dec 14, 2023
Amwins Connect QOTM December 2023 - Gag Clause Attestations!!
As the deadline is only a few weeks away to submit the Gag Clause Attestation (December 31, 2023) employers may have a few more questions. Two confusing issues are answered below. Please remember to you can refer to our latest Gag Clause Attestation Guide.
Question: What if an employer changes service providers (carriers, TPAs) during the attestation period?
Answer: If there was more than one carrier or TPA involved with the group health plan during the attestation period, the employer must ensure that the attestation covers all such contracts. The employer is responsible to confirm that no prohibited gag clauses existed in any applicable contracts with service providers during the attestation period and will need to ensure that all such carriers or TPAs (or other service providers) are attesting on behalf of the plan; alternatively, the employer would need to attest on behalf of any contracts that any of the service providers do not agree to attest to on the employer’s behalf.
Note: An employer who is attesting will generally only submit a single attestation in connection with all service providers involved with its group health plan over the attestation period. The employer does not submit a separate attestation for each service provider or for different time frames, but instead is able to attest to some or all service providers (if not other service providers will separately attest) in a single attestation.
Question: How many attestations must be filed by the employer if the carrier, TPA, PBM or other service provider has not agreed to attest on the plan’s behalf?
Answer: An employer who is attesting will generally only submit a single attestation in connection with all service providers involved with its group health plan over the attestation period. Even if the employer offers multiple group health plan options, the employer can typically attest to all such options in a single attestation. For its group health plan(s), the employer does not submit a separate attestation for each service provider or for different time frames, but instead is able to attest to some or all service providers (if no other service providers will separately attest) in a single attestation.
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