Learn how to evaluate contracts for compliance with the gag clause attestation.
The Consolidated Appropriations Act of 2021 ('CAA-21') prohibits group health plans and health insurance issuers from entering into agreements containing "gag clauses," and requires them to make an annual attestation of compliance with this prohibition. However, many group health plan sponsors are not sure what a 'gag clause' is or how to handle the attestation requirements This presentation will help human resources managers, benefits administrators, business owners and managers, how to evaluate contracts with health care providers, third party administrators, pharmacy benefit managers, or networks/associations or providers for compliance with the gag clause attestation and how to make the attestation of compliance to the Department of Health and Human Services ('HHS'). The presentation also explains the detailed requirements of the Gag Clause Prohibition Attestation webform provided by HHS and where the attestation process can be outsourced to third parties. Plans and issuers that fail to timely submit the attestation may be subject to enforcement action and may also be subject to penalties of up to $100 per day for each day an attestation is not filed. This course is critical for any employer that sponsors a group health plan so they can ensure compliance and understand these significant requirements
Agenda
Faculty
Eric W. Gregory
Dickinson Wright PLLC
- Attorney in the Troy, Michigan office of Dickinson Wright
- Practice emphasizes all aspects of employee benefits and executive compensation law, including qualified retirement plans, welfare plans, and nonqualified compensation programs
- Conducts regular seminars and workshops on numerous employee benefits issues such as ERISA compliance and best practices, avoiding litigation risk for sponsors of retirement plans, and employer fiduciary duties under ERISA
- Author of several publications related to employee benefits such as Surviving an IRS or DOL Retirement Plan Audit: Failing to Prepare is Preparing to Fail, Here Comes the Department of Labor: Retirement Plan Audits Begin for Code Section 401(a)(9) Compliance, and Missing Participants Policy and Procedure
- Awards include Up and Coming Lawyer, Chambers USA 2020 – present; Best Lawyers in America, Employee Benefits (ERISA) Law, 2023; Michigan Super Lawyers Rising Star, 2016 – present; Michigan Lawyers Weekly, Up & Coming Lawyers, Class of 2017; DBusiness Magazine Top Lawyer, Employee Benefits Law, 2016 – present
- Past chair of State Bar of Michigan Taxation Section’s Employee Benefits Committee and past chair of Oakland County Bar Association Employee Benefits Committee
- Taxation Council Member, State Bar of Michigan Taxation Section
- LL.M. degree in taxation, certificate in employee benefits law, Georgetown University Law Center; J.D. degree, Wayne State University; B.A. degree in political theory and constitutional democracy, Phi Beta Kappa, Michigan State University, James Madison College
- Can be contacted at [email protected] or 248-433-7669
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