2026-19493RuleSignificantWallet

Obamacare Pauses New Brokers to Stop Enrollment Fraud

Published Date: 9/23/2026

Rule

Summary

Starting now, new agents and brokers without a 2026 registration can’t sign up to help people enroll in health insurance through federal exchanges for 2027. This pause helps stop fraud and protect your info while CMS improves safety rules. If you’re already registered or working with state exchanges, this doesn’t affect you.

Analyzed Economic Effects

6 provisions identified: 4 benefits, 1 costs, 1 mixed.

Registration pause for new agents/brokers

Starting September 22, 2026, agents and brokers who do not have Plan Year 2026 Exchange agreements cannot complete registration, training, or execute Plan Year 2027 Exchange agreements with the Federally-facilitated Exchanges. The moratorium remains in effect until February 1, 2027, unless CMS lifts or extends it.

Reduced unauthorized enrollments and improper APTC

CMS expects the moratorium and related safeguards to prevent improper advance premium tax credit (APTC) expenditures estimated between approximately $48 million and $877 million annually and to reduce consumer administrative burden valued between about $280,000 and $1.1 million annually, by reducing unauthorized enrollments and misuse of consumer personally identifiable information.

Commission revenue shifts to existing brokers

CMS estimates the moratorium will result in a transfer of commission revenue from agents and brokers without Plan Year 2026 agreements to those with Plan Year 2026 agreements, in the range of approximately $71 million to $98 million.

New codified authority to impose moratoria

The rule codifies at 45 CFR 155.220(o) HHS' authority to impose temporary moratoria on agent and broker registrations when CMS determines certain conduct poses an unacceptable risk to eligibility determinations, Exchange operations, applicants or enrollees, or Exchange IT systems.

State Exchanges and web‑brokers unaffected

The moratorium applies to the Federally-facilitated Exchanges and State-based Exchanges that use the Federal platform; it does not apply to separate State-based Exchanges (SBEs) and CMS determined it does not apply to registration of web-brokers.

Reinstated or reversed denials may still register

Agents and brokers who lack a Plan Year 2026 agreement because of a termination under Sec. 155.220(g) or a denial under Sec. 155.220(k)(1)(i) may still be permitted to register during the moratorium if that termination or denial is subsequently reversed or the Exchange agreement is reinstated.

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Key Dates

Rule Effective
Published Date
9/22/2026
9/23/2026

Department and Agencies

Department
Independent Agency
Agency
Health and Human Services Department
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