The passage of the Consolidated Appropriations Act (CAA) unleashed a slew of requirements for health issuers and employer-sponsored health plans, including the annual completion of a Gag Clause Prohibition Compliance Attestation (GCPCA). The attestation applies to Employee Retirement Income Security Act (ERISA) and non-ERISA plans and must be completed annually by December 31.
The attestation confirms neither the issuer or the plan sponsor entered agreements with providers, third-party administrators (TPAs) and pharmacy benefit managers (PBMs) that restrict a plan sponsor’s access to claims and cost data.
Responsibility for completing the attestation falls on the group health plan, however, the Department of Labor (DOL) clarified that another entity may submit on a group’s behalf. Bukaty Companies has compiled a summary of issuer/carrier approaches to completing the gag attestations.
While similar to the prior-year attestation process, plan sponsors who must attest on their own behalf can follow Bukaty Companies How-To-Guide to complete the process.
Clients in need of additional information or support should contact their Bukaty representative.
