Gag Clause (GCPCA)
The Consolidated Appropriations Act of 2021 (CAA) prohibits self-funded group health plans and insurance carriers from entering into agreements with providers, TPAs, or other service providers whose agreements include language that would constitute a “gag clause.” Gag clauses may be found in service agreements or contracts between a plan or carrier and a health care provider; network of providers or a third-party administrator.
A Gag Clause Prohibition Compliance Attestation (GCPCA) is an attestation of compliance.
General Requirements
Deadline: Entities must attest annually by December 31. GCPCAs are accepted throughout the calendar year.
The requirement to make the attestation applies to insurers and group health plans, including ERISA plans, non-federal governmental plans, and church plans subject to The Code, regardless of grandfathered status.
Plans providing solely excepted benefits, health reimbursement arrangements (HRAs), and other account-based plans need not submit attestations.