By December 31, 2023, health plans and insurers must submit an attestation of compliance with the “anti-gag rules” of the Consolidated Appropriations Act of 2021 (CAA).  The rules apply to all agreements entered into on or after the date that the CAA was enacted (December 27, 2020), and the first attestation applies retroactively to that date.  Beginning in 2024, the CAA requires plans and insurers to attest annually to their compliance with this provision by December 31 each year.

To learn more about this development, please visit the Legal Alert authored by our colleagues in the Employee Benefits and Executive Compensation practice group.