Imposing penalties on agents and brokers for certain violations with respect to enrollment in a qualified health plan offered through an Exchange

(a) In general Section 1411(h)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(h)(1)) is amended— (1) in subparagraph (A)— (A) by redesignating clause (ii) as clause (iv); (B) in clause (i)— (i) by striking If— and all that follows through such person and inserting If any person (other than an agent or broker) fails to provide correct information under subsection (b) and such failure is attributable to negligence or disregard of any rules or regulations of the Secretary, such person; and (ii) in the second sentence, by striking For purposes and inserting the following: (iii) Definitions of negligence, disregard For purposes; (C) by inserting after clause (i) the following: (ii) Civil penalties for certain violations by agents or brokers If any agent or broker fails to provide correct information under subsection (b), or other information as part of an application for enrollment in a qualified health plan offered through an Exchange, as specified by the Secretary, and such failure is attributable to negligence or disregard of any rules or regulations of the Secretary, such agent or broker shall be subject, in addition to any other penalties that may be prescribed by law, including subparagraph (C), to a civil penalty of not less than $10,000 and not more than $50,000 with respect to each individual who is the subject of an application for which such incorrect information is provided.; and (D) in clause (iv) (as so redesignated), by inserting or (ii) after clause (i); (2) in subparagraph (B)— (A) by inserting including subparagraph (C), after law,; (B) by striking Any person and inserting the following: (i) In general Any person; and (C) by adding at the end the following: (ii) Civil penalties for knowing and willful violations by agents or brokers (I) In general Any agent or broker who knowingly and willfully provides false or fraudulent information under subsection (b), or other false or fraudulent information as part of an application for enrollment in a qualified health plan offered through an Exchange, as specified by the Secretary, shall be subject, in addition to any other penalties that may be prescribed by law, including subparagraph (C), to a civil monetary penalty of not more than $200,000 with respect to each individual who is the subject of an application for which such false or fraudulent information is provided. (II) Procedure The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b) of such section) shall apply to a civil monetary penalty under subclause (I) in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act.; and (3) by adding at the end the following: (C) Criminal penalties Any agent or broker who knowingly and willfully provides false or fraudulent information under subsection (b), or other false or fraudulent information as part of an application for enrollment in a qualified health plan offered through an Exchange, as specified by the Secretary, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.. (b) Effective date The amendments made by this section shall apply with respect to applications for enrollment in a qualified health plan offered through an Exchange for plan years beginning on or after January 1, 2027.