Year-End Compliance Reminder: Critical Deadlines Approaching
Gag Clause Attestation: Don’t Miss the December 31st Deadline
With the end of the year quickly approaching, now’s the time to ensure you’re prepared for the annual Gag Clause Prohibition Compliance Attestation. This important filing must be completed and submitted to CMS by December 31, 2025.
What is this attestation for? This annual requirement verifies that your health plan agreements don’t include provisions that would prevent the sharing of cost or quality-of-care data with plan participants.
Who’s responsible for filing?
- Fully insured plans: Your insurance carrier typically handles the submission on your behalf
- Level-funded and self-funded plans: Third-party administrators (TPAs) or pharmacy benefit managers (PBMs) often complete this task, though employers should verify responsibility
- Self-funded plans without service provider support: The employer must file directly
What’s new this year? CMS recently issued a reminder notice that includes helpful FAQs about the attestation requirement. The 2025 submission process includes some minor updates to both the attestation form and filing procedures, so be sure to review the current requirements even if you’ve filed in previous years.
For step-by-step guidance, including detailed screenshots and helpful tips for completing your 2025 attestation, check out the comprehensive Gag Clause Attestation Guide available here
Also on the horizon: 1094/1095-C Reporting As we round out the year, applicable large employers should also prepare for 1094/1095-C filing requirements. Navigating these compliance obligations can be complex, but professional support services are available to help ensure accuracy and timely submission.