CMS relief on gag clause attestations
Plan Sponsors: try as you might, you still can’t get your vendors to remove all gag clauses? A little good news has arrived.
On January 14th, Centers for Medicare & Medicaid Services issued insightful guidance about Gag Clause Prohibitions.
The gem is at the end - the last paragraph.
For plan sponsors who know that their plans have prohibited gag clauses, CMS advised that disclosing the details and efforts to remove the prohibited clauses will be both a compliant attestation and be considered in any enforcement action.
Though CMS didn’t provide any sort of safe harbor, in my experience, federal regulators are less concerned with people trying to do the right thing and coming up short than people flagrantly doing the wrong thing.
More benefits for people trying to do the right thing.
Read the guidance here: https://lnkd.in/eDAUQCjd
Originally posted on LinkedIn, where the discussion and source links live in the comments.