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 (Excellus BCBS) has determined that we will be completing the attestation on behalf of our fully insured and minimum premium groups for the time they had Excellus BCBS coverage in 2024. If any additional information is required to submit the attestation, we will work with you to obtain it. 

Once the gag clause attestations are complete, a confirmation of attestation 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 broker or account manager.