Few things are harder to plan around than rules that might change mid-season. Agents who write ACA business have been living that recently, with a federal moratorium on certain new marketplace registrations and a lawsuit challenging it.
I'm Justin Brock. Brock has helped agents serve 250,000+ Medicare beneficiaries, and many of our partners also write individual health coverage. For where the case stands, read The ACA Agent Registration Freeze Lawsuit on justinbrock.com, and check the court docket for current filings. The rule itself is in the Federal Register. This piece is about how to plan with your upline while things are uncertain.
Plan for the rules as they are today
The safest assumption is that current rules apply until a court or CMS says otherwise. That means:
- Confirm your own registration status early.
- Do not promise clients enrollment help you may not be able to provide.
- Know where to refer clients so nobody is left without help.
What your upline should do
Tell you clearly where you stand
A good partner helps you confirm which rules apply to you and what you can and cannot do this season.
Keep you updated
When a ruling or new guidance comes out, you should hear about it from your upline quickly, with a plain explanation of what changes.
Help you keep working
If ACA enrollment is limited for you this season, Medicare clients, off-exchange options where appropriate, and ancillary needs do not stop. A partner with a broad product shelf helps you keep serving clients and earning. See our piece on ancillary product support.
Questions to ask an upline about ACA rules
- How will you keep me informed if the rules change during open enrollment?
- What other lines can I write if my ACA enrollment options are limited?
- Who answers registration and compliance questions?
How Brock helps
Brock keeps agents current through weekly live webinars and our Agent Resources page, and our team helps you plan your season across Medicare and other lines.
Want to talk through your plan? Book a call with the Brock team.
Frequently asked questions
How should agents plan when ACA registration rules are being challenged in court?
Plan as if current rules hold until a court or CMS says otherwise. Confirm your own registration status, avoid promising clients help you may not be able to provide, line up referral options, and keep serving clients in the lines you can write. Watch the court docket for updates.
Where can I track the ACA agent registration lawsuit?
Court filings appear on the public docket, such as CourtListener, and trackers like the Georgetown Health Care Litigation Tracker follow the case. The justinbrock.com article on the lawsuit summarizes where it stands. Your upline should also tell you when anything important changes.
What can agents do if they cannot enroll ACA clients this season?
Keep serving the clients you can. Medicare work, off-exchange options where appropriate and ancillary products continue regardless of marketplace registration. Refer marketplace clients to someone who can help so they are not left without coverage, and stay in touch for future seasons.
How can an upline help with ACA registration changes?
A good upline explains which rules apply to you, sends prompt updates when guidance or court rulings change, answers compliance questions and helps you shift effort to other lines if needed. Ask any upline how they communicated with agents during the last major rule change.