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CAA Gag Clause

Employer Groups must attest to compliance with CAA Gag Clause Prohibition by Dec. 31, 2023, and annually thereafter.

The Consolidated Appropriations Act (CAA) provision on the Prohibition on Gag Clauses requires an annual Gag Clause Prohibition Compliance Attestation (GCPCA). The attestation requirements apply to health plan issuers and group plan sponsors that offer fully insured, level-funded or self-funded (ASO) coverage in the group and individual markets, including grandfathered and transitional relief plans, student health plans, individual coverage offered through an association, ERISA plans, non-federal governmental plans and church plans.

ACTION REQUIRED: Self-funded (ASO and SteadyFund) employers

Self-funded group health plans must submit a GCPCA annually to confirm compliance with the gag clause prohibition. To support our self-funded groups in their attestations, Baylor Scott & White Health Plan will supply a confirmation of compliance upon request. These confirmations will be available starting Dec. 1, 2023, and can be requested through your assigned Client Management Team representative.

Attestation deadlines are as follows:

  • The first attestation is due on or before Dec. 31, 2023, and covers the period beginning Dec. 27, 2020, through the date of the attestation.
  • Each subsequent attestation covers the period since the preceding attestation and will be due Dec. 31 of each year.

Attestations may be submitted through the Centers for Medicare & Medicaid services. Additional information and instructions are also available through the CMS site.

NO ACTION REQUIRED: Insured employers

Baylor Scott & White Health Plan will complete annual attestations on behalf of fully insured employer groups. No action is required by fully insured employers.


Contact your broker or assigned Client Management Team representative.

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