How to complete the Gag Clause Prohibition Compliance Attestation

What is the Gag Clause Prohibition Compliance Attestation?

Group health plans (plans) and health insurance issuers offering group or individual health insurance coverage (issuers) must annually submit a Gag Clause Prohibition Compliance Attestation (GCPCA) to the Departments of Labor, Health and Human Services (HHS), and the Treasury (collectively, the Departments).

A GCPCA is an attestation of compliance with Internal Revenue Code (Code) section 9824, Employee Retirement Income Security Act (ERISA) section 724, and Public Health Service (PHS) Act section 2799A-9, as added by the Consolidated Appropriations Act, 2021 (CAA), as applicable.

These provisions generally prohibit plans and issuers from entering into certain provider agreements that would prevent the disclosure of cost or quality of care information or data, and certain other information to active or eligible participants, beneficiaries, and enrollees of the plan or coverage, plan sponsors, or referring providers, or restrict the plan or issuer from sharing such information with a business associate, consistent with applicable privacy regulations.

These provisions became effective December 27, 2020. To satisfy the requirement to submit an annual attestation of compliance, plans and issuers should submit their attestation via the web form.

What do you need to do?

As a service to our clients, DCW Group assists in compiling the documentation and preparing our clients' Gag Clause Prohibition Compliance Attestation. Please note: It is your responsibility as the Plan Sponsor to complete the Gag Clause Prohibition Compliance Attestation.

DCW Group will notify you via email when we have submitted the web form for your review. You will then receive an e-mail with your unique authentication code from [e-mail]. If you do not receive the email within 10 minutes, please contact your Account Manager and we will attempt to resend the email. 

Once the email is received, you can follow the steps below to complete your attestation:

• Using the checkboxes, you must indicate whether you are attesting on behalf of (1) a group health plan and/or health insurance issuer offering group health insurance coverage or (2) a health insurance issuer offering individual health insurance coverage. 
  • You will select that you are attesting on behalf of (1) a group health plan and/or health insurance issuer offering group health insurance coverage
• Carefully read the attestation text. Select the check box to certify that the Reporting Entities are in compliance with the prohibition on gag clauses, as detailed in the attestation text, and have not entered into an agreement with a provider, network or association of providers, TPA, or other service provider offering access to a network of providers that would directly or indirectly restrict the Reporting Entities from disclosing information on cost or quality of care information or data, and certain other information to participants, beneficiaries, or enrollees, plan sponsors, or referring providers.
• Affirm that you have the authority to attest on behalf of the Reporting Entity entered in the GCPCA webform by selecting the check box. 
• Select the check box to attest that, to the best of your knowledge and belief, all information in the submission is accurate and complete.
• Enter your first and last name as the Attester who will electronically sign the attestation.
• Select the “Submit” button to submit the attestation.