The Consolidated Appropriations Act, 2021 (CAA) is intended to promote transparency in health care. One provision of the CAA prohibits “gag clauses” in agreements between health insurers/group health plans and health care providers or other third parties. The ban on gag clauses was effective on December 27, 2020. The CAA also requires health insurers and group health plans to attest to their compliance with the gag clause prohibition. The first gag clause prohibition compliance attestation (GCPCA) must be completed by December 31, 2023, covering the period from December 27, 2020 through the date of the attestation. Subsequent attestations will be due each year by December 31. The attestation is made by completing a webform on the CMS website.
In order to help you complete the GCPCA for your organization we have created the following resources:
