Employers to File Gag Clause Attestation by December 31
Group health plan sponsors must submit compliance reports confirming data access by the end of the year.
Updated on Oct. 26, 2026 in Healthcare
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Employers in the United States face a December 31, 2026, deadline to submit the Gag Clause Prohibition Compliance Attestation. This requirement mandates that group health plans verify their contracts do not restrict access to cost, quality, or claims data.
Why it matters
The attestation ensures that employer plan sponsors retain full authority to view the cost and quality data generated by their healthcare plans. It serves as a transparency measure under the Consolidated Appropriations Act of 2021.
The annual filing deadline is December 31, following internal deadlines set by carriers like UnitedHealthcare on November 6 and November 16. Plans offering only excepted benefits, such as standalone dental or vision coverage, are exempt from this requirement.
The players
Centers for Medicare and Medicaid Services
This federal agency oversees the online portal where employers must submit their compliance attestations.
UnitedHealthcare
This large health insurance carrier established internal deadlines for customers seeking assistance with the federal filing process.
The details
Sponsors must file the attestation through an online portal managed by the Centers for Medicare and Medicaid Services. While sponsors remain legally responsible for the submission, they may delegate the filing process to a third-party administrator through a written agreement, and must disclose any non-compliant contract provisions within the report.
Timeline
January 2025 saw federal departments issue guidance regarding non-compliant contract provisions.
November 6, 2026, served as the deadline for UnitedHealthcare customers to request carrier-led filings.
November 16, 2026, was the final date for UnitedHealthcare customers to submit supporting documentation.
December 31, 2026, marks the mandatory annual deadline for the gag clause compliance attestation.
Market Landscape
This mandate fits into a broader federal push for transparency in healthcare pricing and data sharing between insurers and employers. The requirement shifts market dynamics by forcing a disclosure of contract terms that historically kept cost data proprietary.
Employers who fail to submit the attestation may face regulatory scrutiny regarding their health plan contracts. Plan sponsors should verify their third-party administrator agreements to confirm that the filing is being completed before the December 31 deadline.
The takeaway
Sponsors should review all contracts immediately to identify any provisions that restrict data access. If non-compliant language is found, it must be explicitly disclosed in the submission to avoid potential penalties.
Further reading
For more information on regulatory reporting, visit the Healthcare section.
Source note: This article includes information reported by Insurance Business.
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