The Regulatory and Legislative Strategy Group compiled a resource with insights and guidance regarding the No Surprises Act gag clause prohibition rules. 

Under the No Surprises Act’s rules prohibiting gag clauses, group health plans must report and attest that they do not have any direct or indirect agreements with providers that would restrict or prevent the disclosure of cost or quality of care information or negotiated fee schedules to certain groups. The gag clause prohibition rules became effective on December 27, 2020. The first attestation (“Gag Clause Prohibition Compliance Attestation” or “GCPCA”) is due on or before December 31, 2023, and it covers the period of December 27, 2020, through the date on which the attestation is filed. For subsequent reporting years, GCPCAs must be made annually by December 31^st of each year.

Regulatory and Legislative Strategy Group