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Compliance with Employee Benefits: Gag Clause Attestation Deadline Fast Approaching

With the deadline quickly approaching, employers are reminded they are required to complete the Gag Clause Prohibition Compliance Attestation (GCPCA) by December 31, 2024.

The GCPCA is an attestation that Group Health Plans are in compliance with healthcare transparency regulations. It prohibits “gag clauses” that would prevent patient access to information, such as healthcare pricing, which would enable them to make informed decisions about their care.

Why Is This Important?

The ban on gag clauses is part of a much larger effort to reduce secret costs and improve access to health care information. Compliance with this requirement by employers demonstrates support in enabling employees to be better decisionmakers for their health care, which could lead to lower out-of-pocket costs and improved access to care.

The GCPCA applies to both fully funded and self insured group health plans of all sizes.

Plans that do not need to submit the GCPCA include:

  • Short term coverage or limited duration insurance
  • ICHRAs, HRAs, or other account-based group health plans
  • Excepted benefits such as Critical Illness or Hospital Indemnity plans

Employer Action

Your group health insurance carrier may complete the GCPCA on your behalf. Otherwise, attestation can be completed on the CMS website. Contact your health plan or Henriott representative for more information.

Failure to complete the Gag Clause Attestation may lead to fines.

The Benefits of Compliance

When employers apply the requirements set out by the Gag Clause Attestation, they support the following:

  • More competition: Transparency encourages competitive healthcare pricing; this benefits employers and employees alike.
  • Better health outcomes: With access to health data improved, employees can make knowledgeable decisions in support of overall health and wellness.

Helpful Links:

Access the Gag Clause Prohibition Compliance Attestation Submission:

https://hios.cms.gov/HIOS-GCPCA-UI

Instructions for submitting the Gag Clause Prohibition Compliance Attestation:

https://regtap.cms.gov/reg_librarye.php?i=5479

Frequently Asked Questions:

https://regtap.cms.gov/reg_librarye.php?i=5482

For contact:

For more information, please contact your Henriott representative, or call 765-429-5000

For more information about Henriott Group, visit www.henriott.com.


About Henriott Group

Henriott is an independent Risk Management firm dedicated to helping clients prevent, manage, and recover from critical incidents. We serve both public and private entities, offering expertise in risk management, risk financing, commercial insurance, employee benefits, crisis management, contingency planning, and crisis response.

CONTACT
Grace Pritchett, Communications (765) 838-8610 | gpritchett@henriott.com

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