Before December 31, 2024, self-insured plan sponsors are required to file a gag clause attestation with CMS using the HIOS system. For self-insured clients, uploading the attestation is a plan sponsor responsibility under the Consolidated Appropriations Act. However, Diversified Group will submit the attestations to CMS on behalf of our clients in time to meet the deadline. Diversified Group will only submit the attestation form for self-funded medical clients that were active with us during the reporting year (2024). We will only submit the attestation for contracts that were facilitated by the client’s active status as a self-insured medical group with Diversified Group (including pharmacy).  We will not submit the attestation form for any contract outside of the client’s relationship with Diversified Group. Per CMS FAQs, Diversified will be submitting the attestations in bulk and not individually. Fully insured plans should check with their carrier, they may be submitting on your behalf.

A self-funded plan sponsor may contract with a service provider (such as a TPA) who may submit the attestation on the plan sponsor’s behalf. However, the plan sponsor remains legally responsible for compliance. Self-funded plan sponsors who intend to delegate reporting responsibilities to a service provider should ensure the delegation is stated in a written agreement. Over the week, Diversified Group will be sending a data gathering form and written consent form to plan sponsors via Docusign for completion. This form is intended to establish reporting entity contact details and operates as authorization for Diversified Group to submit the attestation for the plan sponsor. Data or consent not received will not be included in this year’s submission. Once you receive the Docusign, please complete all required fields, check the authorization box, sign and date the form.

If you have any questions, please feel free to contact a member or our compliance team:

Dave Follansbee, dfollansbee@diversifiedgb.com

Laura Williams, lwilliams@diversifiedgb.com

DG Compliance