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Title 29, LaborRelease 119-110

§1185m Increasing Transparency by Removing Gag Clauses on Price and Quality Information

Title 29 › CHAPTER 18 — EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › SUBCHAPTER I — PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle B — Regulatory Provisions › part 7 — group health plan requirements › Subpart B — Other Requirements › § 1185m

Last updated Sep 23, 2026|Official source

Summary

Stops group health plans and related insurers from signing contracts that stop them from sharing price and quality information. Plans must be allowed to give provider-specific cost or quality data to referring doctors, plan sponsors, people in the plan, or people who could join. Plans must be able to get de-identified claims and encounter data for each person if requested, following privacy rules under HIPAA (1996), GINA (2008), and the ADA (1990). That data can include per-claim financial details (like the allowed amount), provider name and role, service codes, and other claim elements. Plans may also share that data with business associates as the privacy rules allow. Health care providers or networks can still set reasonable limits on public release of the data. Plans and issuers must send the Secretary an annual statement saying they follow these rules. Nothing here changes existing state or federal privacy protections or the ways plans can access data under the HIPAA, GINA, or ADA privacy rules.

Full Legal Text

Title 29, §1185m

Labor, Source: USLM XML via OLRC

(a)Increasing price and quality transparency for plan sponsors and consumers
(1)In general
A group health plan (or an issuer of health insurance coverage offered in connection with such a plan) may not enter into an agreement with a health care provider, network or association of providers, third-party administrator, or other service provider offering access to a network of providers that would directly or indirectly restrict a group health plan or health insurance issuer offering such coverage from—
(A)providing provider-specific cost or quality of care information or data, through a consumer engagement tool or any other means, to referring providers, the plan sponsor, participants or beneficiaries, or individuals eligible to become participants or beneficiaries of the plan or coverage;
(B)electronically accessing de-identified claims and encounter information or data for each participant or beneficiary in the plan or coverage, upon request and consistent with the privacy regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments made by the Genetic Information Nondiscrimination Act of 2008, and the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], including, on a per claim basis—
(i)financial information, such as the allowed amount, or any other claim-related financial obligations included in the provider contract;
(ii)provider information, including name and clinical designation;
(iii)service codes; or
(iv)any other data element included in claim or encounter transactions; or
(C)sharing information or data described in subparagraph (A) or (B), or directing that such data be shared, with a business associate as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), consistent with the privacy regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments made by the Genetic Information Nondiscrimination Act of 2008, and the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].
(2)Clarification regarding public disclosure of information
Nothing in paragraph (1)(A) prevents a health care provider, network or association of providers, or other service provider from placing reasonable restrictions on the public disclosure of the information described in such paragraph (1).
(3)Attestation
A group health plan (or health insurance coverage offered in connection with such a plan) shall annually submit to the Secretary an attestation that such plan or issuer of such coverage is in compliance with the requirements of this subsection.
(4)Rules of construction
Nothing in this section shall be construed to modify or eliminate existing privacy protections and standards under State and Federal law. Nothing in this subsection shall be construed to otherwise limit access by a group health plan, plan sponsor, or health insurance issuer to data as permitted under the privacy regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments made by the Genetic Information Nondiscrimination Act of 2008, and the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(1)(B), (C), (4), is section 264 of Pub. L. 104–191, which is set out as a note under section 1320d–2 of Title 42, The Public Health and Welfare. The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (a)(1)(B), (C), (4), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000ff of Title 42, The Public Health and Welfare, and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (a)(1)(B), (C), (4), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 12101 of Title 42 and Tables.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1185m

Title 29, Labor

Last Updated

Sep 23, 2026

Release point: 119-110