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.
As a result, you need to submit an annual attestation that the plan is compliant with these requirements. It is due by December 31, 2023. You can submit your attestation on this web form.
Download this letter for more information.
