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    Carrier stances on 2024 gag attestations

    Authored by Bukaty Companies on October 16, 2024

    The Consolidated Appropriations Act (CAA) gag clause prohibition requires issuers and plan sponsors to attest that any agreements they enter with health care providers, third-party administrators or other service providers will not contain language restricting access to cost and quality-of-care information. Compliance requires an annual submission of a Gag Clause Prohibition Compliance Attestation (GCPCA) by December 31, 2024, from the plan and/or issuer.

    Carriers have varying approaches to completing gag attestations. See below for a list of current carrier stances. Bukaty Companies will continue to monitor carrier announcements and update this page as necessary. 

    Issuer/Carrier/TPA Fully insured Level-funded / AFA / Split-funded Self-funded
    Aetna No action needed by client No action needed by client No action needed by client
    Meritain Not applicable Not applicable Client must attest
    Anthem No action needed by client Client needs to confirm with Anthem Client needs to confirm with Anthem
    Blue Cross Blue Shield of Kansas (BCBSKS) No action needed by client Client must affirmatively opt in by Nov. 22 for BCBSKS to attest on group’s behalf Client must affirmatively opt in by Nov. 22 for BCBSKS to attest on group’s behalf
    Blue Cross Blue Shield of Kansas City (Blue KC) No action needed by client Client must attest Client must attest
    Cigna No action needed by client No action needed by client Client must attest
    Gravie No action needed by client No action needed by client No action needed by client
    UHC No action needed by client No action needed by client Client must attest for ASO & Surest

     

    Plan sponsors responsible for completing the attestation on their own behalf can follow Bukaty Companies How-To Guide. 

    For additional information and support, contact your Bukaty benefits consultant or support team.

     

    Blog Category: Compliance