CMS Pauses New ACA Marketplace Agent Registrations for Plan Year 2027

Insurance agents planning to enter the ACA Marketplace for Plan Year 2027 need to be aware of a significant new CMS action.

Effective September 22, 2026, the Centers for Medicare & Medicaid Services (CMS) is temporarily pausing registration for certain agents and brokers who did not have a Plan Year 2026 Exchange agreement and are seeking to register to assist consumers through the Federally-facilitated Exchanges (FFEs) and State-based Exchanges using the Federal platform (SBE-FPs). 2026-19493

The temporary moratorium is currently scheduled to remain in effect until February 1, 2027, although CMS may lift it earlier, extend it, or otherwise modify it through a subsequent Federal Register notice. 2026-19493

View Source: Federal Register :: Public Inspection: Patient Protection and Affordable Care Act: Temporary Moratoria on Certain Agent and Broker Registration to Participate in the Exchanges 

Download: Download PDF Version

For insurance agents, the most important distinction is simple:

If you did not have a Plan Year 2026 Exchange agreement, you generally will not be able to complete registration with the Federally-facilitated Exchanges for Plan Year 2027 while the moratorium is in effect.

Here is what agents and agencies should know.

Who Is Affected by the New CMS Moratorium?

The rule targets agents and brokers who do not have Plan Year 2026 Exchange agreements and would otherwise be seeking to complete registration for Plan Year 2027.

CMS specifically describes these individuals as including agents and brokers who would be new entrants for Plan Year 2027. 2026-19493

During the moratorium, CMS will not execute the applicable Plan Year 2027 Exchange agreements for these new agents and brokers. As a result, affected producers cannot complete the Federal Marketplace registration process until the moratorium ends or is otherwise lifted. 2026-19493

This is particularly important for agencies that have been recruiting and licensing new ACA agents in preparation for the 2027 Open Enrollment Period.

What About Agents Who Were Already Registered for 2026?

The moratorium is specifically directed at agents and brokers without Plan Year 2026 Exchange agreements.

CMS states that anyone registered for Plan Year 2026 remains eligible to return and complete the Plan Year 2027 registration and training process. CMS estimates that approximately 80% of agents and brokers registered for Plan Year 2026 will return for 2027, although the agency notes that estimate is uncertain. 2026-19493 2026-19493

For returning agents, that makes maintaining your Marketplace eligibility and completing the required 2027 certification and registration steps especially important.

Does This Apply to State-Based Exchanges?

Not all ACA Marketplace agents are affected.

CMS explicitly states that the temporary moratorium does not affect registrations on State-based Exchanges (SBEs). 2026-19493

Agents should therefore distinguish between:

Federally-facilitated Exchanges and SBE-FPs: The moratorium applies to affected new agents and brokers seeking Federal Exchange agreements.

State-based Exchanges: The CMS moratorium does not prevent agents and brokers from registering with SBEs. 2026-19493

State licensing, certification, carrier appointment, and other applicable requirements may still apply.

Why Is CMS Pausing New Agent Registrations?

CMS says the action is intended to give the agency time to implement additional program-integrity safeguards addressing unauthorized enrollments, improper plan changes, misuse of consumer personally identifiable information (PII), and other noncompliant activity. 2026-19493

The agency cites substantial enforcement and complaint data in support of the action.

According to CMS, from 2023 through 2025 it received more than 624,000 consumer complaints involving unauthorized enrollments or unauthorized plan switching by agents or brokers that were confirmed through issuer review. Approximately 300,000 of those complaints were received in 2025. 2026-19493

CMS also reports that agents and brokers who first registered for Plan Year 2026 represented approximately 11% of registered agents and brokers with at least one active enrollment, but accounted for approximately 30% of the 569 agents and brokers receiving Notices of Intent to Terminate in July and August 2026 based on the enrollment activity described by CMS. 2026-19493

Those figures are CMS's stated findings and rationale for the moratorium; they should not be interpreted to suggest that new agents generally engage in improper activity.

CMS Is Also Adding New Marketplace Safeguards

The moratorium is only one part of the changes described in the interim final rule.

CMS says it is implementing several additional safeguards for Plan Year 2027, including:

• Renewed identity proofing for agents and brokers and use of Login.gov or ID.me to connect accounts to CMS systems.
• Requirements for agent- or broker-assisted applications to include verifiable Social Security Numbers or immigration document numbers for applicable non-newborn applicants.
• System changes designed to prevent an agent or broker from being added to applications consumers should be completing themselves through HealthCare.gov.
• Requirements for approved Enhanced Direct Enrollment (EDE) partners to obtain electronic consumer authorization before an agent or broker takes action on an application or enrollment. 2026-19493

For established ACA agents, these changes reinforce the importance of consumer authorization, accurate application information, identity verification, documentation, and protection of PII.

What This Means for Agencies Recruiting New ACA Agents

The timing could have a significant operational impact on agencies that planned to expand their ACA sales teams for the upcoming Open Enrollment Period.

CMS itself acknowledges this issue. The rule notes that agencies and brokerages commonly recruit, hire, train, and license agents during the summer and fall in preparation for Open Enrollment. Because the moratorium was announced in September, CMS recognizes that some agencies may already have incurred those expenses for agents who will now be unable to register with the Federally-facilitated Exchanges during the moratorium. 2026-19493

CMS estimates that, absent the moratorium, approximately 19,982 agents and brokers would have registered during the affected period for Plan Year 2027. 2026-19493

That means agencies should review their 2027 ACA staffing plans now rather than assuming newly licensed producers will be able to complete FFM registration before Open Enrollment.

What Should Insurance Agents Do Now?

For returning ACA agents who had a Plan Year 2026 Exchange agreement, the immediate priority is to complete the applicable Plan Year 2027 training and registration requirements and make sure your Marketplace credentials, NPN, carrier appointments, and agency records are current.

For agents who did not have a Plan Year 2026 Exchange agreement, do not assume that completing licensing or training alone will allow you to sell Federally-facilitated Exchange coverage for Plan Year 2027. Under the moratorium, affected agents cannot complete the Federal Exchange registration process until February 1, 2027, unless CMS changes or ends the moratorium earlier. 2026-19493

Agencies should also identify which producers are returning versus new to the Federal Marketplace and adjust staffing, training, lead distribution, and Open Enrollment planning accordingly.

A Bigger Emphasis on Marketplace Compliance

The broader message in the rule is that CMS is increasing its focus on front-end program integrity, rather than relying solely on enforcement after questionable enrollment activity occurs.

HHS is adding a new provision at 45 CFR § 155.220(o) allowing temporary moratoria on certain agent and broker registrations when it determines agent or broker conduct poses an unacceptable risk to Exchange eligibility determinations, operations, applicants, enrollees, or Exchange IT systems. CMS must publish notice explaining the effective date, reasons, and duration when imposing such a moratorium. 2026-19493

For compliant agents, the practical takeaway is straightforward: consumer authorization, accurate applications, documentation, identity verification, and protection of consumer information are becoming even more central to ACA Marketplace sales.

Key Dates for Insurance Agents

September 22, 2026: Interim final rule and current moratorium become effective.

November 1, 2026: Plan Year 2027 Open Enrollment begins. 2026-19493

November 21, 2026: Deadline identified by CMS for comments on the interim final rule. 2026-19493

February 1, 2027: Current scheduled end of the moratorium, unless CMS lifts it earlier, extends it, or modifies it. 2026-19493

Prepare for Plan Year 2027

The 2027 ACA selling environment is changing quickly. Agents who are already eligible to return to the Marketplace should make completing their certification and registration requirements a priority, while agencies onboarding new producers should carefully evaluate how the temporary moratorium affects their Open Enrollment strategy.

PSM will continue monitoring CMS guidance and Marketplace developments that affect independent insurance agents.

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