The Consolidated Appropriations Act, 2021 (CAA) includes an annual attestation requirement for plans to certify their compliance with the gag clause prohibition. This is referred to as the annual Gag Clause Prohibition Compliance Attestation, or “GCPCA.”
The gag clause prohibition in the CAA prohibits health plans from entering contracts that restrict specific data and information that a plan can make available to another party. Plans must annually submit an attestation that they have not entered any prohibited contractual restrictions.
Health Net of California, Inc. and Health Net of Oregon, Inc. (Health Net) attested to the 2023 Gag Clause Prohibition Compliance on December 19, 2023, directly on behalf of its fully insured groups to the Departments of Labor, Health and Human Services, and the Treasury.
Health Net will re-address the 2024 Gag Clause Prohibition Compliance Attestation requirements in 2024.
If you have any questions, please contact your Health Net Account Executive.