Gag Clause Prohibition Compliance Attestation (GCPCA)
Federal law requires employers sponsoring self-funded and level-funded group health plans to ensure their service agreements do not contain prohibited gag clauses and to submit an annual Gag Clause Prohibition Compliance Attestation (GCPCA).
StanleyKup helps Plan Sponsors navigate this complex compliance requirement through contract review support, documentation guidance, attestation preparation, and recordkeeping assistance.
Our process is designed to help employers demonstrate prudent fiduciary oversight while meeting federal transparency requirements under the Consolidated Appropriations Act of 2021 (CAA).
Why GCPCA Compliance Matters
The Gag Clause Prohibition rules were created to increase transparency in healthcare by ensuring employers have access to critical information about healthcare costs, provider quality, and claims data.
For many self-funded employers, service agreements with TPAs, PBMs, networks, and other vendors may contain provisions that restrict access to pricing information, claims data, audit rights, or other transparency-related disclosures.
Failure to address these provisions can create compliance concerns and may expose employers to regulatory scrutiny, fiduciary risk, and potential penalties.
GCPCA compliance is more than a filing requirement. It is an opportunity to evaluate whether your service providers are giving you meaningful access to your plan’s data and financial information.
Our Gcpca Approach
Gag Clause Compliance Review
We help identify common contractual provisions that may limit access to plan data, pricing information, audit rights, provider-specific cost information, or other transparency-related disclosures.
Vendor Documentation and Due Diligence
We assist employers in gathering and organizing service agreements, vendor certifications, and supporting documentation necessary for compliance efforts.
GCPCA Attestation Support
Our team helps prepare and facilitate the annual Gag Clause Prohibition Compliance Attestation submission through the CMS portal.
Recordkeeping and Audit Readiness
We help establish documentation procedures to retain attestations, service agreements, vendor communications, and compliance records in support of future audits or inquiries.
Renewal and Contract Review Process
Rather than treating GCPCA as a year-end filing exercise, we help employers integrate gag clause compliance into their health plan renewal process so potential issues can be identified before agreements are executed.
Ongoing Compliance Monitoring
As vendors, networks, PBMs, and service arrangements change, we help employers maintain a repeatable process for documenting compliance and evaluating new agreements.
Who Needs GCPCA Assistance?
- Self-funded group health plans
- Level-funded health plans
- ERISA-covered employers
- Public sector and governmental plans
- Employers working with TPAs, PBMs, networks, and healthcare vendors
- Organizations seeking stronger health plan fiduciary governance
Don’t wait until attestation season.
GCPCA compliance begins with understanding the agreements governing your health plan. Schedule a consultation to discuss your current vendor arrangements, compliance obligations, and attestation strategy.
Book a Meeting
We offer comprehensive compliance solutions, as well as à la carte services to fit your needs. Not sure what you need? Book a complimentary consulting meeting with StanleyKup to help us learn about your business.