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Title 42, The Public Health and WelfareRelease 119-110

§300gg–46 Disclosure to Enrollees of Individual Market Coverage

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

Last updated Sep 22, 2026|Official source

Summary

Insurers that sell individual or short-term health plans must tell enrollees how much direct or indirect compensation an agent or broker gets for helping with plan selection and enrollment. That notice must be given before the person finalizes their plan choice and must appear on the enrollment confirmation. Insurers also must send an annual report about those payments to the Secretary before open enrollment starts. The Secretary must finish public rulemaking on the timing, form, and method of these disclosures and reports not later than 1 year after December 27, 2020. The rules may adjust notice details for plan renewals.

Full Legal Text

Title 42, §300gg–46

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

(a)In general
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)Disclosure
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)Reporting
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)Rulemaking
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110