Agent groups speaking out against possible moratorium on new ACA brokers

The Centers for Medicare & Medicaid Services is reportedly considering a moratorium on new HealthCare.gov agent and broker registrations for Plan Year 2027, as part of its anti-fraud campaign in the Affordable Care Act marketplace.

Although no final policy has been issued, agent organizations are mobilizing against it before open enrollment begins on Nov. 1.

CMS reported that during the 2026 Open Enrollment Period, 78% of enrollments in the federally facilitated Marketplace states were assisted by a broker or agent.

Although CMS does not publicly report an active number of agents and brokers who are certified to enroll consumers in ACA coverage, the number is likely in the hundreds of thousands nationwide.

The Office of Management and Budget received a CMS document titled “Private Health Insurance; New Agent/Broker Registrations for Plan Year 2027 Moratorium Guidance” on Sept. 4, while reporting indicated that the guidance remained under review as of Sept. 10.

The proposal appears connected to CMS efforts to combat ACA marketplace fraud and unauthorized enrollments through expanded conduct standards, stronger consent and identity-verification requirements, enforcement actions, and possible termination of agreements. CMS issued Notices of Intent to Terminate to 100 agents and brokers in August.

When asked to comment, a CMS spokesperson said the agency will continue to evaluate and pursue appropriate actions to strengthen marketplace integrity.

Health agent organizations speaking out

Although the guidance has not been released publicly, health agent organizations are mobilizing against it before open enrollment begins.

In a statement, the National Association of Benefits and Insurance Professionals said that while the organization “supports efforts to prevent fraud and unauthorized enrollments, a blanket moratorium is the wrong approach.

“Fraud should be stopped at its source, not by restricting legitimate, licensed professionals from helping consumers access and navigate their health coverage,” the NABIP statement continued.

NABIP said the appropriate response to fraud and unauthorized enrollment is to target the individuals and entities responsible for fraudulent activity and strengthen the technology and safeguards needed to prevent it.

“A blanket moratorium on new agent and broker registrations would punish legitimate professionals instead of targeting the bad actors responsible for fraud,” said NABIP President Mychal Walker. “Consumers rely on licensed agents and brokers to understand increasingly complex coverage options, find plans that meet their needs and get help when problems arise. We should be strengthening those consumer protections, not limiting access to the trusted professionals who provide them.”

NABIP is also concerned about the timing and uncertainty surrounding such a significant policy change. “With Plan Year 2027 preparations already underway and open enrollment approaching, agents and agencies need clear, predictable rules governing who may register and serve marketplace consumers,” the association said.

'Sends the wrong message'

The reports of a moratorium on new ACA agent and broker registrations “should concern every legitimate insurance professional in this country,” said Ronnell Nolan, president and CEO of Health Agents for America.

“Stopping new agents from entering the marketplace sends the wrong message to our industry,” she said. “It also has real financial consequences. Agencies across the country have already invested tremendous amounts of money recruiting, hiring, training, licensing, and preparing new agents for the 2027 enrollment season. These are legitimate businesses and legitimate agents preparing to serve consumers. They should not become collateral damage in the fight against fraud.”

Nolan noted that CMS has implemented marketplace integrity requirements designed to identify unauthorized activity, verify consumers, document consent and hold bad actors accountable. “Those tools should be used aggressively against the people actually committing fraud,” she said.

HAFA’s position, she said, is:

• Target the fraudsters.
• Enforce the rules.
• Protect consumers.
• Hold bad actors accountable.

“But do not close the door on legitimate new agents trying to enter our profession,” she said.

HAFA will continue to say what we have said throughout this fight: CMS must accept responsibility for the vulnerabilities within the federal marketplace that allowed widespread fraud to occur in the first place,” Nolan continued.

“Independent agents did not create those vulnerabilities. Legitimate agents have repeatedly helped identify them, report them and advocate for solutions.”

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Susan Rupe is editor in chief, magazine, for InsuranceNewsNet. She formerly served as communications director for an insurance agents' association and was an award-winning newspaper reporter and editor. Contact her at [email protected].