An important reminder that group health plans must attest compliance with the gag clause prohibitions mandated by the Consolidated Appropriations Act of 2021. Attestation is required online by December 31, 2026.
The law requires plan sponsors to file an attestation (via a federal portal) confirming they have not entered agreements with providers, networks, or service providers that contain “gag clauses” restricting access to claim and provider data. The prohibition is intended to increase price transparency.
Third parties such as MedBen can prepare and file the attestation, but only with the express written authority from the plan sponsor. Federal rules confirm that self-insured plans can satisfy the requirement by executing a written attestation agreement with a TPA or other third-party provider that agrees to handle the attestation on the plan’s behalf.
MedBen has reviewed the provider agreements to which it is a party and that are used by our plan sponsor clients; none contain prohibited language. MedBen cannot attest to contracts it has not signed. Responsibility for any direct agreements between the plan sponsor and providers remains with the plan sponsor.
MedBen clients recently received a summary and attestation form from their Account Management team. If you would like MedBen to prepare and file the attestation on your behalf, please complete the form in full (including an authorized signature) and return it to MedBen no later than November 15, 2026. Fully completed and executed forms must be received by that date for MedBen to make the filing on the plan sponsor’s behalf.
Questions? Contact your Account Management team or Director of Compliance & Human Resources Erin Kelly.