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Emerging Tech Law Series: Section 201 Gag Clause Prohibition Compliance Attestation

Interview by Jonathan Kersting

December 31, 2023 is the deadline for submission of the inaugural Section 201 Gag Clause Prohibition Compliance Attestation to the Departments of Labor, Health and Human Services, and the Treasury.

The federal government passed the Consolidated Appropriations Act in 2020 (CAA) with the goal of improving price and quality transparency in healthcare. Specifically, Section 201 of the CAA prohibits employers/plan sponsors from entering into contractual arrangements that contain “gag clauses.”

To ensure compliance, Section 201 requires that plans submit an annual attestation that the plan did not enter any agreements that contain gag clauses.

Jennifer Malik, Shareholder at Babst Calland, provides practical insight to ensure that your company is compliant.

Malik’s healthcare benefits administration practice includes counseling firm clients on a wide array of federal and state health laws and regulations, including compliance under HIPAA, the Affordable Care Act, the Consolidated Appropriations Act, and the Public Health Services Act. She also assists Firm clients in providing comprehensive coverage analyses under commercial liability, property, professional liability, and fiduciary policies.

If you have any questions about the Section 201 reporting requirements in the CAA, please contact Jenn Malik at 412.394.5490 or