CAA: Gag Clause Attestation

Elderly man using a laptop and taking notes with a pen and notebook

BCBSND and groups must annually submit a Gag Clause Prohibition Compliance Attestation (GCPCA) to the Departments of Labor, Health and Human Services (HHS), and the Treasury, collectively.

To find out more information visit Gag Clause Prohibition Compliance Attestation.

The GCPCA is an attestation of compliance with Internal Revenue Code, Employee Retirement Income Security Act and Public Health Service Act.

Internal Revenue Code (Code) section 9824, Employee Retirement Income Security Act (ERISA) section 724, and Public Health Service (PHS) Act section 2799A-9, as applicable.

Who this applies to:
Fully insured group health plans and self-funded group health plans.

BCBSND will file the attestation on behalf of fully insured and self-funded groups.  

2023 Attestation Update:

BCBSND has fullfilled the attestation on behalf of fully insured and self-funded groups for the period of December 27, 2020 through December 31, 2023. BCBSND will continue to perform this filing on a annual basis.