ANNUAL GAG CLAUSE PROHIBITION COMPLIANCE ATTESTATION
As part of the Consolidated Appropriations Act of 2021 (CAA), employer-sponsored group health plans (both fully insured and self-funded) must submit an annual Gag Clause Prohibition Compliance Attestation (GCPCA) to the Centers for Medicare & Medicaid Services (CMS).
The first attestation is due by December 31, 2023. Subsequent attestations are due by December 31 of each year thereafter.
Blue Cross and Blue Shield of Kansas City (Blue KC) will submit the GCPCA on behalf of our fully insured employer groups. No additional action is required by Blue KC fully insured groups.
Blue KC will not submit the GCPCA on behalf of self-funded (ASO) groups. To assist Blue KC self-funded/NA/ JAA/ASO groups with their submission of their own GCPCA, Blue KC is providing the following linked certification of Blue KC compliance with the CAA prohibition on Gag Clauses. This Gag Clause Certification applies to all Blue KC provider contracts and vendors.
Additional information on the GCPA, including instructions for self-funded/ASO groups, can be found here.