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 will be completing the attestation on behalf of our fully insured groups by December 31, 2023. A gag clause attestation certificate of completion will be available to groups upon request.
NOTE: For our self-funded groups, we will supply a Certificate of Compliance that they can use to file directly with CMS. Your account manager will contact you about this process if they have not done so already.
If you have any questions, contact your account manager.
