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
Learning Objectives
- You will be able to discuss the process for providing gag clause attestation to HHS.
- You will be able to explain when attestation can be outsourced to third parties.
- You will be able to identify plans responsible for gag clause prohibition attestation.
- You will be able to recognize prohibited gag clauses in provider contracts.
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Agenda
| Background on the Gag Clause Prohibition | |
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| Reviewing Contracts for Compliance and Identifying Gag Clauses | |
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| The Attestation Process | |
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| Consequences for Failure to Comply | |
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
Live Webinar Registration
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- AR CLE 1.0
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- Arizona CLE 1.0
- The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
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- CT CLE 1.0
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- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
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Please note: In order to receive OH CLE credit for this audio conference you MUST use the streaming option and enable and complete the required progress checks. This course is considered Self-Study. No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2.
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- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
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HR Certification Institute 1.0
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CPE 1.2 including Personnel/HR 1.2
- Noggin Guru, Inc. dba Lorman Education Services and BankersHub is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.2 hours. Prerequisite: basic knowledge of employee benefits. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
Who should attend?
This live webinar is designed for human resource managers, benefits administrators, attorneys, payroll managers, personnel managers, employee relations managers, accountants, controllers, CFOs, business owners and managers, presidents, and vice presidents.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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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