Title 42, The Public Health and WelfareRelease 119-102
§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
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 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102