Gag Clause Attestation Requirements: Is Your Group Health Plan Still Compliant?

By Todd Taylor  |  Last updated: May 10, 2026

Most HR teams didn't hear about gag clause attestation until the filing deadline was already close. That's a problem, because the requirement has been in place since the Consolidated Appropriations Act of 2021 (CAA 2021) took effect, annual attestations are now a standing compliance obligation, and the Department of Labor (DOL), Department of Health and Human Services (HHS), and Department of the Treasury are all watching.

If your group health plan contains

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