Compliance is always a challenge, but this holiday season, plan sponsors face a particular problem in the form of the new gag clause attestation requirement created by the Consolidated Appropriations Act of 2021 (CAA).
The CAA prohibited plan sponsors from entering into an agreement containing gag clauses after December 27, 2020. Plan sponsors must attest to CMS by December 31, 2023, that they have not entered into such agreements.
