NAIFA shares CMS’s goal of eliminating fraudulent activity in the ACA marketplace and holding bad actors accountable. Unauthorized enrollments and misuse of consumers’ information are serious violations that harm beneficiaries, taxpayers, and the countless agents and brokers who serve their clients with integrity every day.
However, we have serious concerns about the agency's decision to impose a moratorium on new agent and broker registrations for Plan Year 2027. A blanket moratorium on new registrations is a blunt and inappropriate response to a problem CMS admits is concentrated and not reflective of the wider industry. It shuts out every new agent and broker, including those with no connection to the conduct CMS is targeting. That concerns us not just for this Open Enrollment Period, but for the future of the profession. The agent and broker community is aging, and the industry needs a steady pipeline of new, qualified professionals to replace those who eventually retire or leave. A moratorium on new entrants interrupts that pipeline at a time when consumers are experiencing significant coverage interruptions and need continued access to professional guidance for increasingly complex healthcare options.
We are also concerned with the process CMS used to finalize this policy. The rule becomes effective immediately, without advance notice and without the typical comment period that allows agents, brokers, and others to weigh in before a change of this magnitude takes effect. We feel this is misguided and will inevitably cause unnecessary confusion and disruption to the marketplace.
We ask CMS to reconsider the moratorium and pursue enforcement that removes bad actors without cutting off the next generation of agents and brokers. We stand ready to work with CMS on solutions that protect taxpayers and consumers alike.