Section 201 of the Consolidated Appropriations Act (CAA) of 2021 and its implementing regulations prohibit health insurance issuers and group health plans from entering into certain provider agreements that would prevent the disclosure of cost, quality of care information or data, and certain other information to active or eligible participants, beneficiaries, enrollees, plan sponsors, or referring providers, or restrict the plan or issuer from sharing such information with a business associate, consistent with applicable privacy regulations. UPMC Health Plan has been and remains in full compliance with CAA Section 201 since it took effect on Dec. 27, 2020.
This year, health insurance issuers and group health plans must submit a Gag Clause Prohibition Compliance Attestation (the “Attestation”) to the U.S. departments of Labor, Health and Human Services, and Treasury (the “Departments”) no later than Dec. 31, 2023, to document their compliance with CAA Section 201.
UPMC Health Plan will submit the Attestation on behalf of its fully insured and self-funded employer group clients in compliance with this year’s deadline and subsequent time frames as communicated by the Departments. Submissions will include all employer groups active with UPMC Health Plan during any portion of each submission period, including groups that are no longer active with UPMC Health Plan.
Please note that you do not need to take any action. UPMC Health Plan will make a confirmation statement available after the Attestation is successfully submitted.
Click here to review frequently asked questions about CAA Section 201. You can also contact your Account Manager for any additional questions.
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