Time to prepare for Gag Clause Prohibition Compliance Attestation (GCPCA) due to CMS by December 31, 2025
Under Section 201 of the Consolidated Appropriations Act (CAA-21), all group health plans must attest by December 31 each year that their contracts do not contain prohibited “gag clauses” restricting access to provider cost or quality data. Employers should confirm with carriers or TPAs whether such clauses exist, document efforts to remove them, and determine who will complete the online attestation to CMS. Even if a TPA or insurer handles the filing, the employer remains legally responsible for compliance and should keep all confirmations and documentation on file.
