Sep 09, 2024
In late February 2023, the IRS, DOL and HHS issued a joint announcement detailing how group health plans are to comply with the gag clause attestation requirements, or Gag Clause Prohibition Compliance Attestations (GCPCA), established by the Consolidated Appropriations Act, 2021.
Employer-sponsored group health plans (both self-funded and fully insured) are prohibited from entering into agreements with a health care provider, network or association of providers, third-party administrator, or other service provider where the plan is restricted from accessing and sharing certain information. Employer-sponsored group health plans are also required to submit an annual attestation that the plan is in compliance with these requirements.
For the 2024 Gag Clause Prohibition Compliance Attestation (GCPCA) submission due by December 31, 2024, Aetna will file on behalf of all self-funded (including Aetna Funding Advantage), insured and split-funded plan sponsors that had active coverage in 2024.
Aetna has conducted a review of their provider and vendor contracts and is confident they're in compliance with the gag clause prohibition requirements. You can request a confirmation of compliance from Aetna by reaching out to your account manager.
Additional information regarding the Gag Clause Prohibition requirements can be found on the CMS website. On this site, plan sponsors can find Frequently Asked Questions, detailed instructions for submitting the attestations, a link to the reporting template, and a link directly to the web form for submission.
Please reach out to your Amwins Connect Sales Representative with any additional questions.
