Gag Clause

The Gag Clause prohibition in the Consolidated Appropriations Act (CAA) prohibits health plans from entering into contracts that restrict specific data and information that a plan can make available to another party.  Plans must annually submit an attestation that they have not entered into any prohibited contractual restrictions.  The first attestation of compliance with the CAA’s prohibition of gag clauses is due by Dec. 31, 2023.

For group health plans who wish to submit the Gag Clause Prohibition Compliance Attestation (GCPCA) on their own behalf, Progyny can provide confirmation of compliance. Progyny provider and network agreements align with the prohibition of gag clauses and do not include restrictions on disclosing price or quality information to Progyny clients or its members.  For information on how Progyny can support plans with GCPCA, please contact your account manager.