The CAA Clock is Ticking
Complete Your Attestation by the 12/31 Deadline
It’s not too late. You can still complete your gag clause prohibition compliance attestation by the 12/31 deadline and avoid costly penalties.
HPfid has helped hundreds of employers save time and money on CAA Compliance and Gag Clause Attestation. Our plan will work for you too.
Save Time. Save Money. Avoid Penalties.
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Legal Document Templates
Save time and money. Easily customize and download legal forms, documents, and letters crafted by licensed attorneys.
How-to Guides
Efficiently and accurately navigate required health plan compliance requirements using our step-by-step how-to guides.
Fiduciary Process Tools
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Frequently Asked Questions
Under the Transparency provisions of the CAA, plans and issuers must annually submit to the
Departments an attestation that the plan or issuer is in compliance with Code section 9824,
ERISA section 724, and PHS Act section 2799A-9, as applicable (Gag Clause Prohibition
Compliance Attestation).
The first Gag Clause Prohibition Compliance Attestation is due no later than December 31,
2023, covering the period beginning December 27, 2020, or the effective date of the applicable
group health plan or health insurance coverage (if later), through the date of attestation.
Subsequent attestations, covering the period since the last preceding attestation, are due by
December 31 of each year thereafter.
The following entities are required to submit a Gag Clause Prohibition Compliance Attestation:
- health insurance issuers offering group health insurance coverage;
- health insurance issuers offering individual health insurance coverage, including
student health insurance coverage and individual health insurance coverage issued
through an association; and - fully-insured and self-insured group health plans, including ERISA plans,
non-Federal governmental plans;
and church plans subject to the Code.
Additionally, these requirements apply regardless of whether a plan or coverage is considered to be a grandfathered
or grandmothered health plan. However, a plan or issuer otherwise attesting under Code section 9824, ERISA section 724, and PHS Act section 2799A-9, as applicable, is not required to attest with regard to any coverage that it offers that is an excepted benefit.
Entities that are not required to attest include:
- plans or issuers offering only excepted benefits;
- issuers offering only short-term, limited-duration insurance;
- Medicare and Medicaid plans;
- state Children’s Health Insurance Program (CHIP) plans;
- the TRICARE program;
- the Indian Health Service program; and
- Basic Health Program Plans.
A plan or issuer may authorize any appropriate individual within the organization, such as the
plan administrator of a group health plan, to attest on behalf of the plan or issuer. A service
provider that has been provided the authority to make the attestation on behalf of a plan or issuer,
such as a TPA attesting on behalf of its clients, may authorize any appropriate personnel within
the organization to make the attestation.
HPfid will help you understand your responsibilities regarding attestation and walk you through the required steps based on your health plan funding type.
- Your subscription gives you instant access to document and letter templates – crafted by licensed attorneys – requesting removal of gag clauses pursuant to the CAA.
- Your custom playbook will provide step-by-step instructions on how to attest by the 12/31 deadline to demonstrate that you have made best efforts to remove gag clauses from your agreements with your carrier.
- You can store all documentation for gag clause prohibition compliance – along with other fiduciary content – in your HPfid secure document library.