10/16/2026
Nearly 19,000 Agents and Brokers Could Be Shut Out of the Marketplace. NABIP Is Taking Legal Action.
Today, NABIP filed a lawsuit against the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS), challenging a rule and moratorium that threaten to prevent nearly 19,000 agents and brokers from participating in the federal Affordable Care Act (ACA) Marketplace.
Our challenge is not about the intent. It's about the process.
NABIP strongly supports efforts to combat fraud, unauthorized enrollments and abuse in the Marketplace. We've raised these concerns with CMS for years and advocated for stronger safeguards to protect consumers.
But legitimate, licensed agents and brokers who have not been accused of wrongdoing should not be excluded from the Marketplace without a fair and lawful process.
Our lawsuit challenges the legality of HHS's rule and CMS's moratorium, arguing that the agencies violated federal law by implementing these restrictions without appropriate procedural safeguards or sufficient justification just weeks before Open Enrollment.
NABIP is seeking preliminary and permanent injunctive relief, asking the court to set aside the rule and moratorium and require CMS to immediately make training and registration available so affected agents and brokers can serve consumers during Open Enrollment beginning November 1.
This is about protecting our profession, preserving consumer access to trusted professional guidance and ensuring federal agencies follow the law.
NABIP will continue to stand up for agents, brokers and the consumers they serve.
Read the full press release: https://ow.ly/jIJc50ZY4tu
