Reminder: Gag Clause attestation due December 31
The Consolidated Appropriations Act (CAA), 2021, contains a provision requiring employer-sponsored group health plans to submit an attestation that they are compliant with the CAA’s Gag Clause Prohibition.
As a reminder, your Gag Clause attestation is due to the Centers for Medicare & Medicaid Services (CMS) on December 31.
While Blue Cross and Blue Shield of Kansas City (Blue KC) will not be submitting the attestation on behalf of self-funded groups – specifically large group ASO and JAA groups – we do assist with your submission.
How we assist
Get quick access to resources you need to complete your attestation by December 31, 2025.
- Attestation Submission – Access the Gag Clause Prohibition Compliance attestation. To get a code, click ‘Don’t have a code or forget yours?’
- Confirmation of Compliance – This confirmation states the agreement between Blue KC and the group health plan, as well as Blue KC downstream agreements, complies with the CAA prohibition on Gag Clauses. This confirmation applies to all Blue KC provider contracts and vendors and can also be found on the Blue KC Employer Portal.
- Instructions – Find instructions for completing the attestation at cms.gov.
Please contact your Blue KC representative if you have questions.
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