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Federal law prohibits group health plans and health insurance issuers from entering into contracts with health care providers,third-party administrators (TPAs) or other service providers that contain gag clauses (i.e., clauses restricting the plan or issuerfrom providing, accessing or sharing certain information about provider price and quality and de-identified claims). Health plans and issuers must annually submit an attestation of compliance with the gag clause prohibition to theDepartments of Labor, Health and Human Services, and the Treasury (Departments). These attestations are due on Dec. 31 ofeach year. The next attestation is due on Dec. 31, 2025 . The Departments may take enforcement action against plans andissuers that do not timely submit the required attestations.  Action Steps  Employers should review their contracts with health plan service providers to confirm they do not contain prohibited gagclauses. Employers should also confirm that these contracts prohibit their service providers from entering into agreements withother entities that provide or administer the plan’s network (“downstream agreements”) that restrict the plan from accessing orsharing relevant information or data. According to the Departments, this restriction would be a prohibited gag clause, eventhough the health plan is not a party to the agreement.  Also, employers should review what actions they may need to take to comply with the gag clause attestation requirement.Employers with fully insured health plans do not need to provide an attestation if their plan’s issuer provides the attestation.Self-insured employers can enter into written agreements with their TPAs to provide the attestation, but the legal responsibilityremains with the health plan. Self-insured employers may need to submit their own attestations if their TPA is unwilling tosubmit the attestation on their behalf.  Prohibition on Gag Clauses  A gag clause is a contractual term that directly or indirectly restricts specific data and information that a health plan or issuercan make available to another party. Federal law generally prohibits group health plans and issuers offering group healthinsurance from entering into agreements with health care providers, TPAs or other service providers that include certain gagclause language. Specifically, these contracts cannot restrict a plan or issuer from:  Providing provider-specific cost or quality-of-care information or data to referring providers, the plan sponsor,participants, beneficiaries or enrollees (or individuals eligible to become participants, beneficiaries or enrollees of the planor coverage);  Electronically accessing de-identified claims and encounter information or data for each participant, beneficiary or enrolleeupon request and consistent with privacy rules under the Health Insurance Portability and Accountability Act (HIPAA), theGenetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA); and  Sharing information or data described in (1) and (2) above or directing such information to be shared with a businessassociate, consistent with applicable privacy rules.  For example, if a contract between a TPA and a health plan provides that the plan sponsor’s access to provider-specific costand quality-of-care information is only at the discretion of the TPA, that contractual provision would be considered aprohibited gag clause. A health plan’s TPA or other service provider may have separate agreements with other entities to provide or administer theplan’s network. If such downstream agreements restrict the health plan from providing, accessing or sharing the relevantinformation or data, this would be a prohibited gag clause, even if the plan is not a party to the agreement. To comply with thegag clause prohibition, the Departments expect that, in their direct contracts with TPAs or other service providers, health planswill include provisions that prohibit the TPA or other service provider from entering into a downstream agreement that restrictsthe plan from accessing or sharing relevant information or data.  Plans and issuers must ensure their agreements with health care providers, networks or associations of providers, TPAs or otherservice providers offering access to a network of providers do not contain provisions that violate the prohibition of gag clauses.  Gag Clause Compliance Attestations  Health plans and issuers must annually submit an attestation of their compliance with the gag clause prohibition to theDepartments. Attestations are due on Dec. 31 of each following year, covering the period since the last attestation. Thedeadline for submitting the next attestation is Dec. 31, 2025.  The attestation requirement applies to fully insured and self-insured group health plans, including ERISA plans, nonfederalgovernmental plans and church plans. Additionally, this requirement applies regardless of whether a plan is considered“grandfathered” under the Affordable Care Act. However, plans that provide only excepted benefits and account-based plans,such as health reimbursement arrangements, are not required to submit an attestation.  According to the Departments’ FAQs , health plans and issuers that do not submit their attestations by the deadline may besubject to enforcement action.  Gag clause attestations must be submitted electronically through a federal website . The Departments have providedinstructions for submitting the attestation, a system user manual and FAQs, all of which are available here . Noncompliant Agreements  Health plans are required to submit the annual gag clause attestation even if they are aware that they have entered into anagreement that violates the gag clause prohibition (including because a TPA or service provider has entered into a downstreamagreement that restricts the use of relevant information or data). According to the Departments’ FAQs , health plans mustidentify the noncompliant provision as part of their attestation, using the text box labeled “Additional Information” in Step 3 ofthe online system for this purpose. Such additional information should include:  Any prohibited gag clauses that a service provider has refused to remove; The name of the TPA or service provider with which the plan has the agreement containing the prohibited gag clause; Conduct by the service provider that shows the service provider interprets the agreement to contain a prohibited gagclause; Information on the plan’s requests that the prohibited gag clause be removed from such agreement; and Any other steps the plan has taken to come into compliance with the provision.  Even if a health plan submits this additional information, the provision in question could still be considered a prohibited gagclause and may be subject to enforcement action by the Departments. However, the Departments have indicated that they willtake into account good-faith efforts to self-report a prohibited gag clause in any such enforcement action. Relying on Issuers/TPAs to Submit Attestation  With respect to fully insured group health plans, the health plan and the issuer are each required to submit a gag clausecompliance attestation annually. However, when the issuer of a fully insured group health plan submits a gag clausecompliance attestation on behalf of the plan, the Departments will consider the plan and issuer to have satisfied the attestationsubmission requirement.  Employers with self-insured health plans can satisfy the gag clause compliance attestation requirement by entering into awritten agreement under which the plan’s service provider, such as a TPA, will provide the attestation on the plan’s behalf.However, even if this type of agreement is in place, the legal requirement to provide a timely attestation remains with thehealth plan. Also, some service providers have indicated they are unwilling to submit attestations for their self-insured groups. In this case, employers may need to submit the attestations for their health plans.

Our latest webinar explored the critical role fatigue management plays in protecting drivers, companies, and the public. Our experts shared actionable strategies for building a comprehensive Fatigue Risk Management System and supporting driver wellness through proven practices. Whether you attended live or are catching up now, here are the key insights from the session: The Challenge of Driver Fatigue:  Driver fatigue is a significant silent killer that is difficult to measure objectively. It affects all drivers, results from multiple contributing factors, and cannot be resolved through quick fixes. Framework for Fatigue Management:  An effective fatigue management program requires two fundamental components: a strong safety culture and a structured Fatigue Risk Management System (FRMS). Core FRMS Components : A comprehensive FRMS includes three essential elements: sound scheduling and routing practices, a sleep disorders management program, and fatigue detection technologies. Five Keys to Wellness:  A proactive safety culture must support the five keys to wellness: sleep hygiene, positive personal relationships, mindfulness, nutrition, and exercise. Driver Training:  Drivers must be trained to recognize their own objective signs of fatigue and practice effective fatigue management strategies. Free Resources : All educational resources and tools are available free of charge at NAFMP.org . Click here to view the presentation.

Written by: Brian Popelmayer, Risk Management Consultant - Hotel Insurance Vertical Leader I just returned from the 2025 Lodging Conference, and three recurring themes dominated my insurance conversations with fellow hoteliers. These aren’t just casual observations; they reflect growing frustration and real financial exposure across the industry. Here's what you need to know: 1. Lack of Creativity in Insurance Programs Hoteliers are tired of cookie-cutter solutions. The consensus? Brokers are recycling the same carriers year after year. Once the deal is closed, innovation fades. In a dynamic risk environment, this stagnation is dangerous. Only 12% of hotel owners say their broker proactively brings new risk solutions to the table annually. That’s a missed opportunity in a market where emerging threats from cyberattacks to social inflation are rewriting the rules. 2. Insurance Rates Continue to Rise Since the pandemic, insurance costs have skyrocketed. On average, U.S. hotel insurance rates have increased by 105% and some segments have seen even sharper spikes. Property insurance is finally stabilizing in 2025, but… Excess Liability rates are climbing fast, with hikes of 8–20% depending on location and risk profile. Resort hotels in high-risk zones pay up to $1,200 per available room annually. 3. Gaps in Coverage and Lawsuit Exposure This is where things get serious. Nuclear verdicts (over $10M) are at a 15-year high. Many hoteliers I spoke with aren’t confident they’re covered for high-risk exposures like: Legionnaires’ Disease – Multi-million-dollar settlements reported. Carbon Monoxide Poisoning – $15M awarded in a Montana case. Human Trafficking & Abuse – Often excluded or underinsured. What Can Hoteliers Do? Audit your coverage — especially for emerging risks. Challenge your broker to bring fresh carriers and creative structures. Consider layered programs or captives to control costs and fill gaps. Invest in risk mitigation — smart sensors, safety buttons, staff training, and crisis protocols. Brian Popelmayer Hotel Insurance Vertical Leader 847.370.0379 BPopelmayer@cottinghambutler.com

Offering real-time HR support, a trove of training resources and seamless technology & vendor management, our team is here every step of the way to implement personalized solutions that help lighten your load. Creating HR Harmony We allow HR professionals to invest their energy where it matters most – in achieving business goals and taking care of their people. CONNECT WITH OUR TEAM Is your HR team bogged down by administrative tasks instead of focusing on strategic initiatives? Offering real-time HR support, a trove of training resources and seamless technology & vendor management, our team is here every step of the way to implement personalized solutions that help lighten your load. Our Approach Day-to-Day Support Streamline your HR operations with our Day-to-Day Support services. We handle the administrative details, allowing your team to focus on strategic initiatives. Technology & Vendor Management Maximize the potential of your HR technology with our specialized services in Technology & Vendor Management. From system integration to vendor relationship optimization, we ensure your tools are seamlessly aligned, empowering your organization with cutting-edge solutions for enhanced efficiency. Employee Communications & Support Promote a harmonious workplace through our Employee Communications & Support services. We excel in crafting effective communication strategies and providing personalized support to your employees, fostering engagement and satisfaction across your organization. Leverage our expertise to navigate technology complexities seamlessly. Support with insurance & vendor selection Management of carrier & vendor relationships Benefit administration system support New system implementation & file feeds Access to benefit document repository Access to technology credit program REQUEST A TECHNOLOGY DEMO NOW! Transparent and clear communication regarding employee benefits is crucial. Our creative and proactive approach to communication consistently boosts employee satisfaction, engagement, and overall retention, resulting in a more satisfied workforce and improved value for your organization. Partner with our in-house communications specialists to ensure your employees have a clear understanding of their benefits and empower them to make more informed decisions. COMPLETION RATE & SEE HOW ONE CLIENT ACHIEVED ENROLLMENT VIEW CASE STUDY Text enrollment offers your employees a quick and user-friendly way to complete their benefits enrollment anytime, anywhere right from their phone. SCHEDULE A DEMO TODAY! HR Efficiency Insights Minnesota PFML Is Coming in 2026: What HR Teams Need to Know Now Minnesota Paid Family Medical Leave (MN PFML) is a game-changer for employee benefits and workplace culture. With thoughtful planning and proactive communication, HR teams can turn this mandate into an opportunity to support employee well-being and strengthen organizational trust. Articles New Healthcare Strategy Delivers $540,000 Savings for Multi-Site Senior Care Provider When traditional healthcare benefits threatened both employee access and company financials, a strategic pivot to ICHRA revolutionized... Case Studies Manufacturing Company Saves $157,000 Through Smart Benefits Innovation Discover how this family-owned manufacturing company transformed their employee benefits strategy with innovative solutions from... Case Studies VIEW MORE HR Efficiency Connect with our HR Efficiency Experts Today!

We help clients lower their total cost of risk by challenging the status quo, solving complex business problems and delivering creative insurance solutions. Our technical expertise and proprietary programs, combined with our commitment to client service is the foundation of the value we bring to our clients every day. Micro-Strategy Session November 4, 2025 Beyond the Script: Managing the True Drivers of Pharmacy Costs Learn More! Learn More! Webinar November 10, 2025 Safety Reimagined: Setting Goals That Actually Drive Change Register Now! Register Now! In-Person Sunday, November 16th IRMI Happy Hour Learn More! Learn More! Webinar November 20, 2025 HRA Types & Comparisons Register Now! Register Now! In-Person December 2-5, 2025 NATMI Training & Certification Register Now! Register Now! Micro-Strategy Session December 2, 2025 The Care Traffic Controller: Directing Patients to High-Value, Low-Cost Healthcare Learn More! Learn More! Webinar December 18, 2025 Year-in-Review & Looking Ahead Register Now! Register Now!

The Cottingham & Butler Manufacturing Practice offers a dedicated focus on risk control, seamless claim services, and comprehensive coverage expertise, delivering a holistic approach to managing the inherent risks faced by today's manufacturers. Waste Management & Recycling Don't let the complex risks of the waste and recycling industry disrupt your operations. Over the last few years, the waste management and recycling insurance landscape has changed dramatically. With fewer carriers willing to take on the industry's unique risks - from increased fire incidents at MRFs to challenging auto losses - expert guidance is critical. Our team of waste and recycling insurance experts doesn't just secure comprehensive coverage - we integrate seamlessly with your risk management strategy, finding you the best program options, implementing proactive mitigation tactics, and offering robust claims advocacy. By protecting your operations, workforce, and financial health, we enable you to focus on what matters most: keeping our communities clean and moving towards a sustainable future. Comprehensive Risk Solutions Our team brings decades of experience working with businesses just like yours, from local haulers to large-scale MRFs. This specialized knowledge allows us to craft insurance solutions that address your specific needs and protect your business from every angle. In addition to our specialized coverage for waste and recycling operations, we offer all standard business insurance coverage, ensuring comprehensive protection for your business. Specialized Coverage Includes: Pollution Exposure Fleet Exposure Premises Exposure High Hazard Workers’ Compensation Exposure Medical Waste Exposure In an industry where hazards lurk around every corner, a generic risk management approach simply won't cut it. Our proprietary Risk Management Assessment (RMA) digs deep into the specifics of your waste and recycling operation. We analyze your exposures, identify coverage gaps, and evaluate your safety protocols with an expert eye. The result? A comprehensive risk management plan that's custom-built for the unique challenges of your business. LEARN MORE Employee Rewards & Engagement Safety Solutions Did you know that the waste and recycling industry has one of the highest rates of workplace injuries and fatalities? According to the U.S. Bureau of Labor Statistics, waste collection workers have an injury rate 5.5 times higher than the national average for all industries. Our hands-on safety services are designed specifically for the waste and recycling workforce, promoting a culture of safety from the route to the recycling facility. We offer industry-specific training, onsite risk control, and more to help prevent accidents, reduce injuries, and keep your team safe and productive. Give your team the safety support they deserve. Learn more > Take the first step towards knowledge and awareness using our SMART Diagnostic Programs. Contact us today to get started. CONTACT OUR TEAM TO GET STARTED! Did you know the waste and recycling industry faces an average turnover rate of 22%, nearly double the national average across all sectors? But here's the good news: a well-crafted employee benefits program can make a significant difference. Studies show that companies offering comprehensive benefits packages experience a 138% increase in job applications and a 26% rise in employee retention. Our expert benefits consultants specialize in addressing the unique challenges of the waste and recycling workforce, collaborating with you to design a tailored benefits package that stands out. From competitive health plans to industry-specific perks, we'll help you create a program that your employees and your bottom line will appreciate. BUILD A BENEFITS PROGRAM THAT YOUR TEAM WILL LOVE! "Cottingham & Butler’s deep understanding of the waste and recycling industry sets them apart. From their tailored insurance solutions to their hands-on safety training, they've helped us mitigate risks and optimize operations across our business. With Cottingham & Butler, we know we have a partner who truly understands our needs." Featured Expertise Empower Your Waste & Recycling Business The waste and recycling industry presents distinct challenges, with safety incidents averaging $46,000 per occurrence (SWANA) and annual operational risks costing up to $5.3 million (EREF). Imagine a future where your operational costs are streamlined, your workforce thrives in a safe environment, your contracts offer ironclad protection, and your cybersecurity defenses ward off threats effectively. This future is within your grasp, and it starts by embracing knowledge and awareness through our SMART Diagnostic Programs. CONTACT US FOR A FREE CONSULTATION Why Captive Insurance is the New Competitive Edge In today's fiercely competitive world, every edge matters. But are you overlooking a hidden opportunity to reduce costs, gain control, and unlock the true potential of your insurance? Say hello to Captive Insurance - the game-changing risk management strategy that’s no longer reserved for industry giants. It's rapidly becoming the secret weapon for forward-thinking manufacturers like you. Explore captive insurance benefits with our Cottingham & Butler team of experts. LEARN MORE ABOUT OUR TAILORED CAPTIVE SOLUTIONS Waste & Recycling Insight & Impact OSHA's New Walkaround Rule – Effective May 31, 2024 OSHA announced its final rule that clarifies employees’ rights to authorize a representative to accompany an OSHA compliance officer. Articles How to Survive an OSHA Inspection Learn how to survive an OSHA inspection and protect your operation from citations and fines. Articles Understanding Your Options: Standard Market, Self-Insurance, and Captive Insurance Programs Discover the advantages of Standard Market, Self-Insurance, and Captive Insurance programs. Articles VIEW MORE Contact Connect with a Waste & Recycling Expert!