GAG CLAUSE ATTESTATIONS – QUESTION OF THE WEEK 2

Q: What if an employer changes carriers, TPAs or service providers during the attestation period?

A: If there was more than one carrier or TPA involved with the group health plan during the attestation period, the employer must ensure that the attestation covers all such contracts. The employer is responsible to confirm that no prohibited gag clauses existed in any applicable contracts with service providers during the attestation period and will need to ensure that all such carriers or TPAs (or other service providers) are attesting on behalf of the plan; alternatively, the employer would need to attest on behalf of any contracts that any of the service providers do not agree to attest to on the employer’s behalf. NOTE: 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. 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 not other service providers will separately attest) in a single attestation.