The Gag Clause Prohibition Compliance Attestation (GCPCA) is proof of compliance with Internal Revenue Code (Code) section 9824, Employee Retirement Income Security Act (ERISA) section 724, and Public Health Service (PHS) Act section 2799A-9. These regulatory provisions prohibit group health plans and health insurance issuers from entering into an agreement with a health care provider, network or association of providers, third-party administrator (TPA), or other vendor offering access to a network of providers that would directly or indirectly restrict a plan or issuer from providing provider-specific cost or quality of care information or data.

In February, 2023, regulations clarified that Plans and issuers must submit a GCPCA to the Departments of Labor, Health and Human Services (HHS), and the Treasury (the Departments). The first attestation must be submitted by December 31, 2023, covering the period beginning December 27, 2020, through the date of attestation.

Salus Group will continue to provide its clients with timely assistance pertaining to this additional unexpected year-end submission.

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