No Borders NewsHHS and CMS are issuing an interim final rule that codifies HHS authority to temporarily pause the registration of certain ACA enrollment agents and brokers. The pause applies to agents and brokers who do not have a current Plan Year registration with the federally facilitated Exchanges when the moratorium starts, and who are seeking to enter new Exchange agreements to help consumers enroll.
The rule is being issued on an interim final basis, meaning it takes effect immediately while the agencies also accept public comments. HHS says it has “good cause” under the Administrative Procedure Act to waive advance notice and comment because doing so would be contrary to the public interest and impracticable.
CMS is also providing immediate notice that, on behalf of HHS, it is imposing the temporary moratorium for Plan Year 2027. This is aimed at preventing problems the agencies describe as fraud, waste, and abuse, including unauthorized enrollment activity and misuse of consumers’ personal information.
The moratorium is limited in scope. It does not affect registrations on state-based Exchanges that use the federal platform (often called SBE-FPs) and it does not affect registrations on state-based Exchanges (SBEs) that are not using the federal platform, according to the excerpt.
Because this is an interim final rule, the agencies say they will consider public comments and may later keep, change, or rescind the authority they are codifying. For the most accurate details on which registrations are affected, readers should check the official Federal Register notice linked below.