As part of the Consolidated Appropriations Act of 2021 (CAA), all employers offering group health insurance and group health plan sponsors offering balance funded or self-funded coverage must submit an annual Gag Clause Prohibition Compliance Attestation (GCPCA) to the Centers for Medicare & Medicaid Services (CMS). The first attestation was due December 31, 2023, and covered the time period of December 27, 2020, to December 31, 2023. Subsequent attestations are due by December 31 of each year and cover the preceding year.
Blue Cross and Blue Shield of North Carolina (Blue Cross NC) will submit no later than December 31 of each year the Gag Clause Prohibition Compliance Attestation (GCPCA) to the Centers for Medicare & Medicaid Services (CMS). Blue Cross NC will submit the GCPCA on behalf of our fully insured client groups and balance funded client groups (unless an opt-out request was submitted) and will provide supporting documentation to assist our self-funded (ASO) groups in their submission.