Federal · CMS interim final rule, CMS-9872-IFC

HealthCare.gov pauses new insurance agent and broker registrations until Feb. 1, 2027 to curb unauthorized enrollments

Effective Sept. 22, 2026

Published October 18, 2026 · Last updated October 18, 2026

What it does

• Codifies authority. The rule gives HHS authority in regulation to impose temporary moratoria on registering agents and brokers who don’t have a current-year registration with the Federally-facilitated Exchanges, including HealthCare.gov. (Rule, Summary)
• Imposes a moratorium now. CMS is “immediately imposing a temporary moratorium to pause the registration of agents and brokers that do not have Plan Year 2026 Exchange agreements.” Those agents and brokers “will not be able to complete registration ... for Plan Year 2027 until the moratorium ends on February 1, 2027.” (Rule, Summary and Dates)
• Exceptions. The pause “does not affect registrations on the State-based Exchanges.” An agent whose termination is reversed on reconsideration may still register. (Rule)

Why CMS did it

• “From 2023 through 2025, CMS received over 624,000 consumer complaints attesting to unauthorized enrollments or unauthorized plan switching ... by agents or brokers and confirmed by issuer review; approximately 300,000 ... in 2025 alone.” CMS also notes that early 2026 data show “a substantial decrease.” (Rule, section II)
• Agents and brokers who first registered for 2026 make up about 11% of registered agents with active enrollments. They account for about 30% of the 569 who received notices of intent to terminate in July and August 2026. (Rule)
• CMS also describes other 2027 changes in progress. All agents must renew identity proofing through Login.gov or ID.me, and applications involving an agent must include verifiable Social Security or immigration document numbers for non-newborn applicants. CMS says these changes are “not yet final.” (Rule)

Who it affects

Consumers buying Marketplace coverage through an agent or broker, and new agents and brokers. South Carolina uses the federally facilitated Marketplace, HealthCare.gov. (Rule; SC Department of Insurance)

What it means for you

• Open enrollment for 2027 coverage starts November 1. (HealthCare.gov) You can still use an agent or broker who had a 2026 Marketplace agreement, or you can apply yourself on HealthCare.gov.
• Check your plan and your Marketplace account for changes you didn’t make. Unauthorized plan switching is the problem CMS says the rule targets. (Rule)

Cost

CMS estimates a transfer of “approximately $71 million to $98 million” in commission revenue from agents and brokers without 2026 agreements to existing ones. It also says there could be operational losses and job losses for agents and brokers who are shut out. (Rule, regulatory impact statement)

Current status

Effective September 22, 2026. Comments (file code CMS-9872-IFC) are due November 21, 2026. The moratorium lasts until February 1, 2027, unless CMS lifts it early, extends it or modifies it. (Rule, Dates)

Sources

• Federal Register: Temporary Moratoria on Certain Agent and Broker Registration, FR Doc. 2026-19493 (Sept. 23, 2026)
• HealthCare.gov: Dates and deadlines
• SC Department of Insurance: Affordable Care Act

Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.