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Gag Clause Prohibition Attestation Under The Consolidated Appropriation Act

The gag clause prohibition under the Consolidate Appropriations Act (CAA) prohibits health plans from entering into contracts that restrict specific data and information that a plan can make available to another party. Plans must annually submit an attestation that they have not entered into any prohibited contractual restrictions.

Excellus BlueCross BlueShield has determined that we will be completing the attestation on behalf of our fully insured groups. A gag clause attestation certificate of completion will be available to groups upon request.

If you receive any gag clause attestation inquiries from your fully insured groups, please let them know we will be completing the attestation on their behalf by December 31, 2023.

For our self-funded groups, we will supply a Certificate of Compliance that they can use to file directly with CMS. These groups have been informed of this process directly from their account manager.

Please share this information with your groups. If you have any questions, contact your account manager.


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