Advocacy in action blog

NAIFA Director of Government Relations Mike Hedge recently spoke with David Duford of Duford Insurance Group about the potential implications of the PRO Act for insurance and financial professionals. Hedge discusses how the PRO Act could disrupt the business relationships between producers and companies and harm the ability of agents and advisors to serve consumers. He also talks about the work NAIFA is doing to head off provisions of the PRO Act that would “revolutionize the industry for the wrong reasons.” The interview is featured on Duford’s popular YouTube channel.

The House of Representatives passed the Protecting the Right to Organize (PRO) Act (H.R. 842), a sweeping piece of labor legislation. Among its provisions, the PRO Act as passed by the House would reclassify many insurance and financial professionals as “employees” rather than “independent contractors” under federal labor law. NAIFA argues that such a reclassification will disrupt insurance and financial services business models and limit consumer access to diverse offerings of products, services, and advice.

NAIFA CEO Kevin Mayeux and the CEOs of 13 other insurance and financial services trade associations sent a letter to House Speaker Nancy Pelosi and Minority Leader Kevin McCarthy urging Congress to address concerns with the Protecting the Right to Organize (PRO) Act (H.R. 842).

The U.S. House of Representatives is currently considering introduction of the Protecting the Right to Organize Act (PRO Act) along mostly party lines, likely in April 2021. This wide-reaching bill seeks to reform current labor law in a variety of areas. Impacting the insurance industry, the bill amends the National Labor Relations Act (29 U.S.C. 152(3)) by adding language that expands the definition of “independent contractor” by adopting an “ABC” test to define who is an “employee.”

The White House has released a fact sheet clarifying some aspects of the latest round of Paycheck Protection Program (PPP) funding that opened a month ago. The PPP provides loans to small businesses, including NAIFA members and their clients, impacted by the COVID-19 pandemic. The low-interest loans may be forgiven if the businesses that receive them meet certain conditions.

The Biden Administration has confirmed that the Department of Labor (DOL) will move forward with a prohibited transaction exemption (PTE) for financial professionals who provide retirement plan advice. DOL previously announced the new PTE on December 15 during the Trump Administration. It goes into effect February 15.

On Friday, February 12, the Center for Medicare and Medicaid Services (CMS) announced that, in accordance with an Executive Order signed by President Biden, a Special Enrollment Period for the Health Insurance Marketplace will be available in the 36 states using the HealthCare.gov platform. The SEP will be available from Monday, February 15, through Saturday, May 15 for most states.

The National Association of Insurance and Financial Advisors (NAIFA) is pleased to welcome Maeghan Gale as a Policy Director. Gale will join NAIFA’s Government Relations team on February 1 and will report to Senior Vice President for Government Relations Diane Boyle.

In case you missed it, HealthCare.gov sent a notice that the Department of Health and Human Services has announced a Special Enrollment Period (SEP) for individuals and families for Marketplace coverage in response to the COVID-19 Public Health Emergency the notice says: 

NAIFA is hopeful that the 117^th Congress will reintroduce and enact the Securing a Strong Retirement Act of 2020 (SSRA), bipartisan legislation with many provisions to make it easier for employers to offer plans and to encourage higher participation rates by employees.