Federal Consolidated Appropriations Act (CAA) Gag Clause

As you are aware, the federal Consolidated Appropriations Act (CAA) of 2021 contains several provisions applicable to health plans and their providers. One of the provisions is commonly referred to as a Gag Clause provision; specifically, Section 201: Increasing Transparency by Removing Gag Clauses on Price and Quality Information.  

Commercial health plans are required to attest annually that their provider agreements are in compliance with the Gag Clause provision. Should your provider agreement with Empire BlueCross (Empire) and Empire BlueCross BlueShield (Empire) have language inconsistent with the Gag Clause provision, it is deemed as null and void by Empire.  

To memorialize this provision in your provider agreement, we are providing a CAA Gag Clause Regulatory Addendum. Please attach this addendum to your provider agreement with Empire.  

Thank you for the care you provide our members — your patients.