Title 42The Public Health and WelfareRelease 119-73

§300gg–46 Disclosure to enrollees of individual market coverage

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXV— - REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE › Part Part B— - Individual Market Rules › Subpart subpart 1— - portability, access, and renewability requirements › § 300gg–46

Last updated Apr 6, 2026|Official source

Summary

Health insurance companies that sell individual plans or short-term limited plans must tell people how much they pay any agent or broker who helps them pick and enroll in a plan. They must disclose the amount of direct or indirect payments before a person finishes choosing a plan and include that amount on the enrollment confirmation. Those companies must also send a report to the Secretary each year, before open enrollment begins, listing payments to agents or brokers. The Secretary must finish public rules about when, how, and in what form issuers must make these disclosures and reports by not later than 1 year after December 27, 2020, and may change notice rules to cover plan renewals so people get full, timely information.

Full Legal Text

Title 42, §300gg–46

The Public Health and Welfare — Source: USLM XML via OLRC

(a)A health insurance issuer offering individual health insurance coverage or a health insurance issuer offering short-term limited duration insurance coverage shall make disclosures to enrollees in such coverage, as described in subsection (b), and reports to the Secretary, as described in subsection (c), regarding direct or indirect compensation provided by the issuer to an agent or broker associated with enrolling individuals in such coverage.
(b)A health insurance issuer described in subsection (a) shall disclose to an enrollee the amount of direct or indirect compensation provided to an agent or broker for services provided by such agent or broker associated with plan selection and enrollment. Such disclosure shall be—
(1)made prior to the individual finalizing plan selection; and
(2)included on any documentation confirming the individual’s enrollment.
(c)A health insurance issuer described in subsection (a) shall annually report to the Secretary, prior to the beginning of open enrollment, any direct or indirect compensation provided to an agent or broker associated with enrolling individuals in such coverage.
(d)Not later than 1 year after December 27, 2020, the Secretary shall finalize, through notice-and-comment rulemaking, the timing, form, and manner in which issuers described in subsection (a) are required to make the disclosures described in subsection (b) and the reports described in subsection (c). Such rulemaking may also include adjustments to notice requirements to reflect the different processes for plan renewals, in order to provide enrollees with full, timely information.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable beginning 1 year after Dec. 27, 2020, see section 202(e) of div. BB of Pub. L. 116–260, set out as an

Effective Date

of 2020 Amendment note under section 1108 of Title 29, Labor.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300gg–46

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73