CAA Gag Clause

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 in November of each year. If you do/did not receive your annual confirmation, please contact your Client Management Team representative.

Attestation Period

• The attestation is due Dec. 31 of each year and covers the period since the date of the last attestation. If you have never submitted an attestation, your attestation should cover the period beginning Dec. 27, 2020.

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.

Questions?

Contact your broker or assigned Client Management Team representative.