CAA Gag Clause Prohibition Compliance Attestation Information



‍In accordance with the Consolidated Appropriations Act (CAA)of 2021, a Prohibition on Gag Clauses provision requires an annual Gag Clause Prohibition Compliance Attestation (GCPCA). All self-funded and level-funded ASO customers are required by law to submit a GCPCA annually to confirm that the health benefits plan and its issuer are complying with the CAA gag clause provision. This attestation must be completed no later than December 31st,2023 and covers the period beginning on December 27th, 2020 through the date of attestation. Subsequent attestations cover the preceding periods between attestations and are due on December 31st of each year.

39North is here to help you with your attestations to ensure a safe and level playing field for all plan sponsors and their beneficiaries. We will also submit a confirmation of compliance which the customer may use to support its own attestation submission.

‍Third Party Vetting & Other Fiduciary Compliance

‍Through the CAA, employers and plan sponsors are now required to thoroughly vet their health benefits solutions for cost and quality, or risk severe penalties of up to $100 per employee per day. Please contact us for assistance with this fiduciary compliance and we will provide additional resources. We recommend that all clients, regardless of carrier, thoroughly review all documents provided during the enrollment process to ensure that carrier contracts are compliant under the CAA. We also recommend seeking third-party validation for all contracts and agreements, and consult an attorney, to avoid any potential class-action lawsuits brought against employers because of non-fiduciary compliance. All 39North contracts have been vetted for CAA and fiduciary compliance by a third-party, known as Health Plan Fiduciary. However, we encourage all plan sponsors to seek their own third-party validation of the compliance of these agreements.

‍Resources & Attestation Process

‍The US Department of Health and Human Services (HHS) has established this web portal with instructions for submitting these attestations, with information about the attestation process here.

For more information about Health Plan Fiduciary, please visit the provided link.