The U.S. Department of Labor’s Employee Benefits Security Administration has released updated materials for the 2024 Gag Clause Prohibition Compliance Attestation (GCPCA):
As background, under the Consolidated Appropriations Act, 2021 (CAA), employer-sponsored group health plans are prohibited from entering into agreements with healthcare providers, third-party administrators or other service providers that include language that would constitute a “gag clause.” The provision took effect on December 27, 2020 (the date of enactment of the CAA). In addition to the gag clause prohibition, plan sponsors of group health plans and health insurance issuers are required to submit an annual compliance attestation.[1]
The 2024 GCPCA is due no later than December 31, 2024 (covering the period since the last preceding attestation).
