Gag Clause Attestations – Question of the Week

Q: How many attestations must be filed by the employer if the carrier, TPA, PBM or other service provider has not agreed to attest on the plan’s behalf?

A: An employer who is attesting will generally only submit a single attestation in connection with all service providers involved with its group health plan over the attestation period. Even if the employer offers multiple group health plan options, the employer can typically attest to all such options in a single attestation. For its group health plan(s), the employer does not submit a separate attestation for each service provider or for different time frames, but instead is able to attest to some or all service providers (if no other service providers will separately attest) in a single attestation.