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Cigna Healthcare

Confirmation of Cigna Healthcare actions and your clients’ next steps on the Consolidated Appropriations Act, Title II, section 201, gag clause prohibition.

This communication outlines the information we are providing to all Cigna Healthcare medical clients and producers today. We will provide additional communication to medical clients and producers in the fourth quarter of this year.

At Cigna Healthcare, we are committed to complying with all applicable laws, rules, and regulations. We are actively preparing for the upcoming Gag Clause Prohibition Compliance Attestation, required under section 201 of the Consolidated Appropriations Act (CAA), 2021. We understand the impact on our clients and are providing support as outlined below.

Cigna Healthcare provider contracts and client contracts meet the requirements of section 201 of the CAA, 2021. It is important to note that Cigna Healthcare has publicly opposed the use of “gag clauses” and does not engage in this practice.

For fully insured clients:

As an employer, and as an issuer, Cigna Healthcare will be attesting for itself and for its fully insured business.
Previous regulatory guidance assured that with submission of an attestation by Cigna Healthcare, the Departments of Health and Human Services, Labor, and the Treasury (collectively, the Departments) will consider BOTH the fully insured plan (clients) and the issuer (Cigna Healthcare) to have satisfied the attestation submission requirement.
Therefore, fully insured clients may choose to rely on the Cigna Healthcare attestation. No action is necessary on the part of your fully insured clients. The Cigna Healthcare confirmation-of-compliance letter is included in the communication to these clients.

For self-funded (ASO) clients:

Cigna Healthcare does not intend to attest on behalf of self-funded (ASO) clients.
ASO clients must provide their own submission, through the portal set up by the Departments, attesting to the compliance of its ASO agreements with all providers (i.e., Cigna Healthcare and any other providers used for carve-out services).
To assist clients, we have attached a letter from Cigna Healthcare that states Cigna Healthcare is complying and intends to attest as such to the Departments.
The communication sent to self-funded clients also includes the following call to action.

Access the attestation form on the Centers for Medicare & Medicaid Services (CMS) website and submit prior to the deadline of December 31, 2023. The Gag Clause Prohibition Compliance Attestation page from CMS outlines the steps to ensure compliance with this section of the regulation.

To help guide your clients and get more information on the CAA Gag Clause and other government regulations, register for the broker portal and click on Explore Content from the Learning Center.