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Gag clause attestation deadline: Key compliance steps for employers

December 8, 2025 / 5 min read

Health plans and issuers must submit a gag clause compliance attestation to federal agencies by Dec. 31, 2025. Employers should review contracts for prohibited clauses and confirm compliance to avoid enforcement actions and penalties.

Federal law prohibits group health plans and health insurance issuers from entering into contracts with healthcare providers, third-party administrators (TPAs), or other service providers that contain gag clauses. Health plans and issuers must submit their gag clause compliance attestation to federal agencies on an annual basis. The deadline for submitting the next attestation is Dec. 31, 2025. In our bulletin, our benefit experts break down what a gag clause is, provide details on prohibited language, outline how to submit an attestation of compliance, and much more. If you have questions on how to review your contracts for compliance, please reach out to your Plante Moran Group Benefit Advisor.

Download the full bulletin to learn more.

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This Compliance Update is not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

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