The gag clause prohibition (from the Consolidated Appropriations Act, 2021) bars health plans from agreeing to contract terms that block access to provider-specific cost and quality data. Plans must submit an annual attestation that their contracts contain no such gag clauses, generally due December 31.
Gag Clause Attestation
Health plans must annually attest that their contracts contain no ‘gag clauses’ that block access to cost and quality data. These FAQs explain the requirement and its deadline.