Ensuring consent for agent and broker enrollments

Section 1312(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(e)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (2) in the matter preceding subparagraph (A), as so redesignated, by striking The Secretary shall establish and inserting the following: (1) In general The Secretary shall establish; and (3) by adding at the end the following new paragraph: (2) Consent (A) In general The procedures established under paragraph (1) shall provide that, with respect to the enrollment of individuals and employers in qualified health plans in the individual or small group market offered through an Exchange for plan years beginning on or after January 1, 2027, no such enrollment made through an agent or broker is effectuated prior to such individual or employer (as applicable) consenting to such enrollment through the mechanism established by the Secretary under subparagraph (B). (B) Consent mechanism For purposes of subparagraph (A), the mechanism described in this subparagraph is a mechanism established and operated by the Secretary under which an individual or employer gives consent with respect to an enrollment of such individual or employer described in such subparagraph. Such mechanism may not accept an attestation of such individual’s consent provided by the agent or broker enrolling such individual or employer as evidence of such individual’s or employer’s consent..