Gag clause 2026 Confirmation of Compliance Now Available

Under the Consolidated Appropriations Act (CAA), health plan issuers and group health plans must submit an annual Gag Clause Prohibition Compliance Attestation (GCPCA). This attestation confirms that contracts do not include gag clauses that restrict access to price or quality information.

UnitedHealthcare has reviewed its agreements and confirmed compliance with the gag clause rule. Here's how attestation will be handled:

• Fully Insured and Level Funded Customers:
  UnitedHealthcare will submit the attestation on behalf of fully insured and Level Funded customers by the December 31 deadline.
• Self-funded Customers:
  UnitedHealthcare (including Surest) provides a UHC Confirmation of Compliance or a Surest Confirmation of Compliance  to support customers who need to submit their own attestation.
  
  Note: UMR will follow the same process. If your customer uses UMR, a UMR-branded Confirmation of Compliance is available. A HealthSCOPE Benefits branded Confirmation of Compliance  is also available.
  
• Customers with Both Fully Insured and Self-Funded Plans:
  UnitedHealthcare will attest for the fully insured plans. Customers are responsible for attesting for their self-funded plans.
  
  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.

The Department of Health and Human Services (HHS) has provided a portal and instructions for submitting the attestation. It’s important to follow the official guidance, which can be accessed directly through the HHS website.

If you're an ASO customer and would like UnitedHealthcare to attest to the removal of the Gag Clause for business administered by UnitedHealthcare, please follow the steps below:

Step 1: Notify UnitedHealthcare

You or your broker must inform your UnitedHealthcare representative before November 6, 2026, that you are requesting this attestation.

Step 2: Complete Required Documents and submit them by the firm deadline November 16, 2026

Your UnitedHealthcare representative will provide you with two items:

• Letter of Direction – This must be signed and returned.
• Email Questionnaire – This must be fully completed.

Important Note

UnitedHealthcare can only attest to services it administers. You are still responsible for attesting and filing for any products or services not provided by UnitedHealthcare.

If you have any questions, please contact your broker or your UnitedHealthcare representative.