On Sep. 23, HHS reported a moratorium on certain agent and broker registrations.
HHS issued an interim final rule with comment period (IFC) codifying its authority to temporarily pause registration of agents and brokers without Plan Year registration.
The moratorium applies to agents and brokers seeking Exchange agreements with CMS to assist consumers with enrollment through the Federally-facilitated Exchanges.
Pauses Certain Agent and Broker Registrations
HHS is issuing the rule on an interim final basis, finding cause under the Administrative Procedure Act (APA) to waive prior notice and comment and make the rule effective.
HHS nevertheless invites public comment and will consider comments in determining whether to retain, modify, or rescind the codified authority established by this rule.
CMS, on behalf of HHS, is imposing a temporary moratorium on the registration of agents and brokers that do not have Plan Year 2026 Exchange agreements.
The moratorium applies to those seeking to enter into CMS agreements to assist consumers with enrollment through Federally-facilitated Exchanges for Plan Year 2027.
This temporary moratorium does not affect registrations on State-based Exchanges.
Moratorium will remain in place while CMS implements enhanced program-integrity safeguards to prevent noncompliance and fraud and abuse by agents and brokers.
The safeguards address unauthorized enrollment, misuse of consumer PII, conduct that violates Exchange standards and threatens consumers and Exchange integrity.
Agents and brokers without Plan Year 2026 Exchange agreements cannot complete Plan Year 2027 registration until the moratorium ends on Feb. 1, 2027.
