Are you struggling to navigate the complex world of gag clause attestation requirements? In this must-watch episode of Shift Shapers, Jennifer Berman, JD, CEO of MZQ Consulting, provides a comprehensive breakdown of everything plan sponsors and advisors need to know about these critical compliance requirements.

From the Consolidated Appropriations Act of 2021 to today's implementation challenges, discover how these regulations are reshaping healthcare plan transparency. Jennifer explains why many contracts still contain illegal gag clauses in 2024 and what this means for your organization. Learn about the crucial differences between fully-insured and self-funded plans, and how these differences impact your compliance obligations.

Key topics covered:

• Detailed explanation of gag clauses and their impact on healthcare plans
• Step-by-step guide to annual CMS attestation requirements
• Understanding potential penalties and enforcement mechanisms
• Navigation of the HIOS system reporting process
• Critical differences between fully-insured vs. self-funded plan requirements
• Practical strategies for verifying gag clause compliance
• Tips for accessing and utilizing plan data effectively
• Real-world challenges in contract review and compliance

This episode delivers essential insights for anyone involved in healthcare plan administration and compliance. Whether you're managing benefits for your organization, advising clients on their healthcare plans, or ensuring regulatory compliance, you'll gain valuable knowledge about navigating these complex requirements. Jennifer's expertise provides actionable guidance for insurance professionals, consultants, and organizational leaders who need to understand and implement these critical transparency regulations.

In This Episode
00:00 Introduction to Gag Clause Attestation

00:45 Understanding Gag Clauses

01:39 Legal Requirements and Compliance

03:00 Challenges and Real-World Implications

04:58 Access to Plan Data and Its Importance

07:11 Reporting and Documentation

07:33 Understanding Certification and Penalties

10:02 Annual Reporting Requirements

10:18 Advisor's Role in Compliance

10:40 Self-Funded vs Fully Insured Plans

13:03 Ensuring No Gag Clauses

13:20 Final Thoughts and Key Takeaways

14:39 Conclusion and Farewell