# 2026-19493: Obamacare Pauses New Brokers to Stop Enrollment Fraud

2026-19493, Patient Protection and Affordable Care Act; Temporary Moratoria on Certain Agent and Broker Registration To Participate in the Exchanges, is a Federal Register rule from Health and Human Services Department published 2026-09-23, effective 2026-09-22; deemed significant under Executive Order 12866; PRIA reads it as touching household money (as of 2026-11-06).

- Canonical: https://policyrisk.com/federal-register/2026-19493
- As of: 2026-11-06
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-19493
- Title: Patient Protection and Affordable Care Act; Temporary Moratoria on Certain Agent and Broker Registration To Participate in the Exchanges
- Type: Rule
- Agencies: Health and Human Services Department
- Citation: 91 FR 60317
- Published: 2026-09-23
- Effective: 2026-09-22
- Comments close: not stated
- Significant: yes (OIRA_API)
- Touches household money: yes
- Regulation identifier numbers: 0938-AW26
- Last updated: 2026-11-06

## In one line

Obamacare Pauses New Brokers to Stop Enrollment Fraud

## 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.

## Abstract

This interim final rule with comment period (IFC) codifies the Department of Health and Human Services' (HHS) authority to impose a temporary moratorium pausing the registration of agents and brokers that do not have a current Plan Year registration with the Federally- facilitated Exchanges at the time the moratorium is effective and are seeking to enter into Exchange agreements with the Centers for Medicare & Medicaid Services (CMS) to assist consumers with enrollment through the Federally-facilitated Exchange (FFE) and State-based Exchanges that use the Federal platform (SBE-FPs) (hereinafter collectively referred to as the "Federally-facilitated Exchanges"). HHS is issuing this rule on an interim final basis. For the reasons explained in this rule, 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 this rule to become effective immediately upon publication. HHS nevertheless invites public comment and will consider comments in determining whether to retain, modify, or rescind the codified authority established by this rule. Further, CMS provides notice that, on behalf of HHS, the agency is immediately imposing a temporary moratorium to pause the registration of agents and brokers that do not have Plan Year 2026 Exchange agreements with the Federally- facilitated Exchanges and are seeking to enter into agreements with CMS to assist consumers with enrollment through the Federally-facilitated Exchanges for Plan Year 2027. This temporary moratorium does not affect registrations on the State-based Exchanges (SBEs). This moratorium will be 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, including 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. 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.

## Effects PRIA read

- Registration pause for new agents/brokers: cost, high. 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 lift…
- Reduced unauthorized enrollments and improper APTC: benefit, high. 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 reducin…
- Commission revenue shifts to existing brokers: benefit, high. 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: mixed, medium. 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: benefit, low. 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: benefit, low. 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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## Sources
- [2026-19493 on federalregister.gov](https://www.federalregister.gov/documents/2026/09/23/2026-19493/patient-protection-and-affordable-care-act-temporary-moratoria-on-certain-agent-and-broker)
- [2026-19493 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-09-23/pdf/2026-19493.pdf)

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Source: PRIA, https://policyrisk.com/federal-register/2026-19493 (as of 2026-11-06).