Consolidated Appropriations Act Gag Clause Attestation

The Consolidated Appropriations Act requires self-insured plan sponsors to file a gag clause attestation with CMS using the HIOS system no later than December 31^st, 2023. A gag clause is any contractual term that prohibit health plan sponsors and plan issuers from having any agreements with a healthcare provider, a network, an association of providers, or any other service provider that prevent the disclosure of information about the quality of care and cost of plans. Although uploading the attestation is a plan sponsor responsibility under the Consolidated Appropriations Act, Diversified Group understands that our assistance may be desired to meet this requirement. The rule does allow for a third party to submit the attestation on your behalf.

We are happy to notify you that Diversified has successfully uploaded and submitted the gag clause attestation file on December 11^th, 2023, for the period December 2020 – December 2023, on behalf of our clients.

NOTE:  Diversified only submitted the attestation form for self-insured medical clients (the first upload covers December 2020 through December 2023) that were active with us during the reporting year(s). We only submitted the attestation for contracts that were facilitated by the client’s active status as a self-funded medical group with Diversified (including with the PBM). We did not/will not submit the attestation form for any contract outside of the relationship with Diversified Group, nor will we submit an attestation for any fully insured medical as it is our understanding under the CAA that fully insured medical carriers will be submitting attestations for their products. Per CMS FAQs, Diversified submitted the attestations in aggregate and not individually.