We reassessed our approach for the Gag Clause Prohibition Compliance Attestation (GCPCA) for fully insured and small group AFA plan sponsors.

Aetna will submit the Gag Clause Prohibition Compliance Attestation on behalf of all fully insured and small group AFA plan sponsors.

In order to submit the attestation, we ( Aetna Inc)  are evaluating the completeness and accuracy of plan sponsor contact information we have in our systems.

In the event we do not have complete information, the project team will be reaching out to collect the required data.

No action is required at this time while the evaluation is in process.

Gag Clause Prohibition Compliance Attestation

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. 

 

Your broker can help you answer any other questions.

 

Aetna^® is the brand name used for products and services provided by one or more of the Aetna group of companies, including Aetna Life Insurance Company and its affiliates (Aetna).

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