Dec 05, 2024
Gag Clause Attestation Carrier Chart and Links to Additional Website Articles
The deadline for submitting the Attestation to CMS is December 31, 2024 and is just around the corner. Below you will find information specific by carrier along with other links to articles that were posted over the past few months. Some of the articles are carrier specific. A few of the articles provide information on the process to submit the attestation.
Gag Clause Attestation - Responsibility by Carrier
| Carrier | Carrier Will Submit to CMS | Plan Must Submit to CMS | Notes |
|---|---|---|---|
| Aetna and Banner Aetna | Fully Insured, Self-Funded and Small Group AFA Plans | ||
| Allstate - Level Funded * | Allstate Benefits will attest on the Group's behalf. | See notes below | |
| Anthem | Small Group and Large Group; Fully Insured and ASO Clients | Groups should contact Anthem if they are contacted by CMS about the GAG Clause Attestation process | |
| Blue Shield of California | Fully Insured and Flex-Funded Groups | Shared Advantage and Shared Advantage Plus | Self-Funded ASO Groups must have submitted intake form to carrier by 10/31/2024 at 6PM PST in order for carrier to submit on their behalf. |
| CareFirst Blue Cross Blue Shield | Fully Insured and Fixed Funding Solutions | Self-Insured, Level Funded, FlexLink clients will need to coordinate submission through the CMS HIOS Portal | Employers should reach out to CareFirst for the document to keep on record where CareFirst is in support of their Attestation. |
| Cigna Healthcare | Cigna Healthcare and Cigna Healthcare's Fully Insured Clients | Confirmation letter was provided to Self-Insured/ASO Clients the week of 10/15/2024 | |
| EmblemHealth | Fully Insured | ASO Self-Funded and all other clients should complete their own attestation. | |
| Empire (now Anthem in CT, NY) | Fully Insured and ASO Groups (includes Minimum Premium MEWA, ABF, and FEHB) | ||
| Florida Blue | All groups as well as those on new ASO platform regardless of funding or size, for the provider contracts they directly control. | Attestation will include all active and former groups who were under contract during the reporting period. | |
| Health Net | Fully Insured | Self-Funded medical plans need to consult with TPA to determine which party will complete the Attestation | |
| Healthy Advantage - Level Funded (Sisco Benefits) ** | See notes below | ||
| Kaiser Permanente | Will attest for all Fully Insured groups | ||
| Sentara | Fully Insured groups. Self-Funded and Level Funded groups if Sentara's form was completed and sent back to Sentara by 10/1/2024. | ||
| Surest | Self-Funded and Level Funded Clients will need to take action to submit the attestation. A Confirmation of Compliance has been released to support the clients. | ||
| Trustmark | Trustmark does not submit the prohibition attestation on behalf of its groups. | See information below with links to Trustmark's website for more information and a certification document attesting there are no gag clauses in their contracts. | |
| United Healthcare | Fully Insured Groups | Self-Funded and Level Funded Clients will need to take action to submit the attestation. A Confirmation of Compliance has been released to support the clients. |
* Allstate - Level Funded - Allstate Benefits sent an email to all Level Funded clients the week of November 13th. Brokers also received a notice. The clients must complete a survey and send back to Allstate Benefits by Friday, December 13, 2024. There will be no extensions or late entries. Clients who did not complete and return the survey will need to go to the CMS HIOS Port to complete and submit the Attestation.
** Healthy Advantage - Sisco Benefits will attest on behalf of every client who signs over the responsibility to Sisco. Information was sent to the clients and the broker. The clients are to complete and sign the document in the announcement and return it to Sisco Benefits no later than Wednesday, December 11, 2024. If the client did not meet the deadline, they will need to go to the CMS HIOS Portal to complete and submit the Attestation.
Links to Articles on our website and to Carrier Information
Gag Clause Attestation Updates for 2024 (amwinsconnect.com)
Gag Clause Attestation Guide 2024 (amwinsconnect.com)
An updated Gag Clause Attestation Employer Letter is under Forms & Benefits on our website. Brokers can download this letter and provide the information to their clients/employers. The document is in word format so the broker can ‘customize’ the information with their information.
Aetna 2024 Gag Clause Compliance Approach (amwinsconnect.com)
Aetna's Producer Website - 2024 Approach to Gag Clause Attestation
Allstate Benefits CAA Gag Clause Prohibition Attestation (amwinsconnect.com)
Anthem Will File the CAA-Required GAG Clause Attestation (amwinsconnect.com)
Anthem Transparency in Coverage Regulation and Consolidated Appropriations Act
Blue Shield of California - Consolidated Appropriations Act - Gag Clauses (amwinsconnect.com)
CareFirst-ConnectiCare Frequently Asked Questions
ConnectiCare CAA and Consumer Protections Page
Health Net - Group Health Plans Annual Gag Clause Requirement (amwinsconnect.com)
Sentara Health Plans CAA Gag Clause Prohibition Compliance Process (amwinsconnect.com)
Surest - Confirmation of Compliance for Surest clients
Trustmark Benefits CAA Gag Clause Attestation Requirements (amwinsconnect.com)
Trustmark Web Site with Information About the Attestation Due in December
Trustmark Confirmation of Compliance with Gag Clause Prohibition Compliance Attestation
UnitedHealthcare CAA Gag Clause 2024 Confirmation of Compliance Now Available (amwinsconnect.com)
While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.
