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Gag Clause Compliance Attestation due by December 31

October 15, 2026
 

Group health plans and health insurance issuers must continue to comply with federal gag clause requirements established under the Consolidated Appropriations Act (CAA) of 2021. The next Gag Clause Prohibition Compliance Attestation (GCPCA) is due to the Department of Health and Human Services (HHS) by December 31, 2026.

The CAA prohibits certain agreements between health plans, insurers, and service providers that would restrict access to or sharing of specific healthcare data. Under the law, plans and insurers must be able to:

  • Access provider-specific cost and quality information
  • Access de-identified claims and encounter data, including information for each enrollee
  • Share that data with authorized business partners

To demonstrate compliance, plans and insurers are required to submit an annual attestation to HHS.

What Premera is doing

Fully insured groups

Premera will submit the required attestation on behalf of all fully insured groups.

Self-funded and OptiFlex groups

As in previous years, self-funded and OptiFlex groups are responsible for submitting their own attestation. To support this process, Premera will provide a statement of compliance that customers can use to help complete their attestation.

Please note that the statement of compliance is not part of the attestation itself and is not submitted to HHS.

Premera’s 2026 statement of compliance for self-funded and OptiFlex groups will be posted on our website by the end of October 2026. We will provide an update when the document is available.