CAA Gag Clause Confirmation of Compliance now available

The CAA provision requires an annual “gag clause prohibition compliance attestation” (GCPCA). UnitedHealthcare completed the review of agreements and ensured compliance with the prohibition on gag clauses on price or quality information as required under the CAA Gag Clause.

• UnitedHealthcare will make the attestation for fully insured customers as required.
• For ASO and Level Funded customers, UnitedHealthcare is providing a Confirmation of Compliance to support the customers doing their own attestation.
• For customers with both fully insured and self-funded business, UnitedHealthcare will attest for fully insured plans and customers must attest for the self-funded plans.

UMR and Surest will follow the same process. Brokers may share the following UMR or Surest branded documents with customers, as appropriate:

• If you have a customer who has UMR, there is a UMR branded Confirmation of Compliance.
• If you have a customer who has a Surest plan, there is a Surest branded Confirmation of Compliance.

Attestation deadline is Dec. 31, 2023.

You may use the Confirmation of Compliance to support your attestation for any UnitedHealthcare administered medical, behavioral and pharmacy business. If pharmacy coverage is through OptumRx Direct, you will need to attest for that separately. OptumRx has sent their OptumRx attestation to customers in March 2023.

Health and Human Services (HHS) has communicated the portal and instructions for issuers and customers to do their attestation. It is important to follow the instructions that are accessible through the HHS site.

Your UnitedHealthcare representative may have also sent the Confirmation of Compliance.

Please contact your broker or UnitedHealthcare representative if you have any questions.