
Annual Gag Clause Prohibition Compliance Attestation deadline is December 31, 2024
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 purpose of the attestation is to certify that neither Blue Cross and Blue Shield of Kansas City (Blue KC) nor the group health plans use “gag clauses” in their agreements. Gag clauses are contractual terms that restrict the sharing of information about healthcare costs and quality of care, or limit access to de-identified claims information pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and the Americans with Disabilities Act of 1990 (ADA).
The 2024 attestation is due December 31, 2024. Subsequent attestations are due December 31 of each year thereafter.
Fully insured
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.
Self-funded ASO/level funded/JAA
Blue KC will not submit the GCPCA on behalf of self-funded ASO, level funded groups and JAA groups. To assist these groups with submission of their own GCPCA, Blue KC is providing its Certification of Compliance with the CAA prohibition on Gag Clauses. This Gag Clause Certification applies to all Blue KC provider contracts and vendors.
Additional information
Visit CMS.gov for additional information on the GCPCA, including instructions for self-funded groups.