Consolidated Appropriations Act gag clause prohibition update

Section 201 of the Consolidated Appropriations Act (CAA) prohibits certain gag clauses in contracts between a group health plan or health insurer (that offers group or individual health insurance coverage) and a health care provider, network or association of providers, third-party administrator or other service provider that offers access to a network of providers.

Self-funded (ASO) health plans have a responsibility to attest to the government that their plans are compliant with the requirements set forth in Section 201 of the CAA. UnitedHealthcare will provide an update when guidance is released on required timing and content, as well as instructions on where and how to submit the attestation.

UnitedHealthcare will submit the attestation addressing contracts with UnitedHealthcare network providers for fully insured customers.

Please stay tuned for updates following the upcoming government announcement. For questions in the meantime, please reach out to your broker or UnitedHealthcare representative.

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