US No Surprises Act (42 USC 300gg-111 to 300gg-139) and 45 CFR Part 149 300gg-119: Do not agree to gag clauses that restrict sharing provider-specific cost or quality information or access to de-identified claims data, and attest annually

A plan or issuer may not enter into an agreement with a provider, provider network, third-party administrator or other service provider offering network access that would directly or indirectly restrict it from giving provider-specific cost or quality of care information or data to referring providers, the plan sponsor, enrollees or prospective enrollees; from electronically accessing de-identified claims and encounter data for each enrollee, including allowed amounts, provider identity, service codes and other claim elements, consistent with the HIPAA privacy regulations, GINA and the ADA; or from sharing such information with a business associate. Reasonable restrictions on public disclosure of the information are permitted. Plans and issuers must submit the annual gag clause prohibition compliance attestation the Departments require.