Special Enrollment Period &

Agents & Brokers: ACA Final Rules 2023-2024

Medicaid Unwinding will have the biggest impact on 2023 SEP enrollments.

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Under the new ACA rule, registered agents and brokers will be required to obtain documented consent from consumers before accessing or updating their Marketplace information.


While CMS currently does not mandate a specific method for documenting consent, they’ve shared a model consent form that can serve as a helpful starting point for our agents.

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These FAQs provide guidance that paying differential compensation to agents and brokers for coverage in the same benefit year based on whether the enrollment is completed during an SEP or during the OEP is prohibited under federal law.


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The Centers for Medicare & Medicaid Services (CMS) posted Frequently Asked Questions (FAQs) regarding compensation paid by issuers to agents and brokers who assist consumers with enrollment during a Special Enrollment Period (SEP) or during Open Enrollment Periods (OEPs).

HealthSherpa ACA Enrollment Platform

#1 Virtual ACA Platform: All-in-One Digital Affordable Care Act Platform by HealthSherpa. The leading Agent & Broker ACA enrollment technology.

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