HHS Freezes New Agent/Broker Registrations for ACA Exchanges Through Feb. 1, 2027

What the Rule Does

The Department of Health and Human Services (HHS) has published an interim final rule with comment period (IFC) that codifies the agency's authority to impose temporary moratoria pausing the registration of agents and brokers seeking to enter into Exchange agreements with the Centers for Medicare & Medicaid Services (CMS). The rule targets agents and brokers that do not have a current Plan Year registration with the Federally-facilitated Exchanges at the time a moratorium takes effect and are seeking to assist consumers with enrollment through the Federally-facilitated Exchange (FFE) and State-based Exchanges that use the Federal platform (SBE-FPs) — collectively referred to in the rule as the "Federally-facilitated Exchanges."

Simultaneously with publishing the rule, CMS announced it is immediately imposing a temporary moratorium pausing registration of agents and brokers that do not have Plan Year 2026 Exchange agreements with CMS and are seeking to enter into agreements to assist consumers with enrollment through the Federally-facilitated Exchanges for Plan Year 2027. The moratorium does not affect registrations on the State-based Exchanges (SBEs).

Background and Rationale

The rule states that HHS finds good cause under the Administrative Procedure Act (APA) to waive prior notice and comment because providing advance notice would be contrary to the public interest and impracticable. HHS further finds good cause under the APA for the rule to become effective immediately upon publication, which occurred on September 22, 2026. HHS nevertheless invites public comment and will consider comments in determining whether to retain, modify, or rescind the codified authority established by the rule.

According to the rule, the moratorium will remain in place while CMS implements enhanced program-integrity safeguards designed to prevent instances of noncompliance and fraud, waste, and abuse perpetrated by agents and brokers. The document specifically identifies the harms the moratorium is meant to address: unauthorized enrollment activity, misuse of consumer personally identifiable information (PII), and other conduct that does not comply with Exchange standards and threatens consumers and the integrity of the Federally-facilitated Exchanges.

Statutory Framework

The rule traces its authority to Section 1312(e) of the Affordable Care Act, which directs the Secretary of HHS to establish procedures under which a State may allow agents, brokers, or web-brokers to enroll qualified individuals in qualified health plans (QHPs) offered through an Exchange and to assist individuals in applying for advance payments of the premium tax credit (APTC) and cost-sharing reductions (CSRs). HHS has implemented this authority primarily through 45 CFR 155.220, which establishes standards governing the ability of agents, brokers, and web-brokers to assist qualified individuals, qualified employers, and qualified employees with enrollment in QHPs. The rule amends 45 CFR Part 155.

The document notes that HHS has established requirements governing agents, brokers, and web-brokers seeking to facilitate enrollment through an Exchange, including requirements relating to registration, training, execution of Exchange agreements, use of Exchange systems, protection of PII, standards of conduct, and compliance with applicable Federal and State requirements.

What to Watch

Agents and brokers that do not have Plan Year 2026 Exchange agreements with CMS will not be able to complete registration with the Federally-facilitated Exchanges for Plan Year 2027 until the moratorium ends on February 1, 2027. The effective date of the IFC itself is September 22, 2026. Public comments on the rule are being accepted and will inform whether HHS chooses to retain, modify, or rescind the codified moratorium authority.

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