Health Net has issued a statement regarding the Gag Clause Prohibition Compliance Attestation (GCPCA) requirement, in response to the stipulations set by the Consolidated Appropriations Act, 2021 (CAA). As per their communication, Health Net is committed to fulfilling all regulatory obligations, with the initial GCPCA to be submitted by December 31, 2023.
Health Net confirmed that they will not be issuing any communication to their members, groups, brokers, or providers regarding GCPCA, such as confirmation of filing completion or compliance with the attestation requirements, as this is not a mandatory requirement. Additionally, the insurer clarified that they would not establish any contracts with groups regarding the GCPCA due to the absence of a regulatory obligation.
Importantly, groups are not required to undertake any action concerning the attestation or incur any fees for the attestation process. Health Net is directly accountable for completing the GCPCA for all fully insured plans they cover, thereby negating the need for employers to submit a separate attestation.
Health Net currently operates only fully insured plans in California and Oregon, which implies that employers sponsoring these plans should not have any action items related to the GCPCA.