Short answer: 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.
A “gag clause” is contract language that would stop a plan or employer from seeing or sharing provider-specific cost or quality information, or from accessing de-identified claims data. The CAA, 2021 prohibits these clauses in agreements with providers, networks, and TPAs.
To enforce it, plans and issuers must submit an annual Gag Clause Prohibition Compliance Attestation to the federal government, generally by December 31, confirming their contracts are clean. Excepted-benefit-only and account-based plans are outside the requirement.
Sources
- Consolidated Appropriations Act, 2021; CMS Gag Clause Prohibition Compliance Attestation guidance.
Content history
Originally published: June 16, 2026
Last reviewed: June 16, 2026