Updated Gag Clause Attestation Information on the CMS Website

Updated Gag Clause Attestation Information on the CMS Website

May 2024

CMS (Centers for Medicare and Medicaid Services), in collaboration with the Departments of the Treasury and Labor, have updated system features for the employers Gag Clause Prohibition Compliance Attestations (GCPCA), via the portal.

Group health plans and health insurance issuers offering group or individual health insurance coverage must annually submit a GCPCA to the Departments which is due by December 31 of each year.

These provisions generally prohibit plans and issuers from entering into an agreement with a health care provider, network or association of providers, third-party administrator (TPA), or other service provider offering access to a network of providers that would directly or indirectly restrict a plan or issuer from providing, accessing, or sharing certain information related to cost or quality of care or de-identified claims and encounter information.

The following modifications have been made:

• Inclusion of date range in the GCPCA webform and GCPCA-Responsible-Entity-Templatet_May2024_v6.xlsx
• “Additional information” text box added, and corresponding attestation language modified to incorporate the information provided by attesters
• Updated guidance documents to GCPCA-User-Manual_May2024_v6.pdf and Gag-Clause-Prohibition-Compliance-Attestation-Form-Instructions_May2024_v6.pdf

The instructions, user manual and template for submitting the GCPCA and additional information are available on the CMS website. These materials explain, among other things, which entities are required to file an attestation. The Gag Clause Prohibition Compliance Attestation User Manual includes a step-by-step explanation of the website’s attestation process.

If you need additional assistance, please contact the Marketplace Service Desk at:

• Phone Number: 1-855-267-1515
• Email Address: CMS_FEPS@cms.hhs.gov
• Hours of Operation: 9:00 a.m. to 6:00 p.m. ET, Monday through Friday

^{While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.}