Submission guidelines for Gag Clause Prohibition 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.
Fully Insured groups
Blue KC will submit the attestation on behalf of fully insured groups. We will not submit on behalf of groups who terminated prior to December 31, 2023.
Self-funded/ASO/level-funded ASO/JAA/National Alliance groups
Blue KC will not submit the attestation on behalf of self-funded/ASO/level-funded ASO/JAA/National Alliance groups.
To assist these groups with their own submission, Blue KC has provided a Certification of Compliance that states Blue KC downstream agreements comply with the CAA prohibition on Gag Clauses. This Gag Clause certification applies to all Blue KC provider contracts and vendors. The group may combine the Blue KC certification with their other vendor agreements to attest on their own behalf.
How to complete the attestation
Blue KC makes it easy for groups to complete the attestation:
- Visit Gag Clause Prohibition Compliance Attestation
- Enter email address
- Enter the code previously sent via email OR get a code by clicking “Don’t have a code or forgot yours?”
- Follow the prompts