(1)

in subparagraph (A)—

(2)

in subparagraph (B)—

(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 section 1311(c)(8), 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.

(1) In general

Section 1311(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)) is amended by adding at the end the following:

(8) Agent- or broker-assisted enrollment in qualified health plans in certain exchanges

(A) In general

For plan years beginning on or after such date specified by the Secretary, but not later than January 1, 2029, in the case of an Exchange that the Secretary operates pursuant to section 1321(c)(1), the Secretary shall establish a verification process for new enrollments of individuals in, and changes in coverage for individuals under, a qualified health plan offered through such Exchange, which are submitted by an agent or broker in accordance with section 1312(e) and for which the agent or broker is eligible to receive a commission.

(B) Requirements

The enrollment verification process under subparagraph (A) shall include—

(i)

a requirement that the agent or broker provide with the new enrollment or coverage change such documentation or evidence (such as a standardized consent form) or other sources as the Secretary determines necessary to establish that the agent or broker has the consent of the individual for the new enrollment or coverage change;

(ii)

a requirement that any commissions due to a broker or agent for such new enrollment or coverage change are paid after the enrollee has resolved all inconsistencies in accordance with paragraphs (3) and (4) of section 1411(e);

(iii)

a requirement that the information required under clause (i) and, as applicable, the date on which inconsistencies are resolved as described in clause (ii), is accessible to the applicable qualified health plan through a database or other resource, as determined by the Secretary, so that any commissions due to a broker or agent for such enrollment can be effectuated at the appropriate time;

(iv)

a requirement that individuals are notified of any changes to enrollment, coverage, the agent of record, or premium tax credits in a timely manner and that such notice provides plain language instructions on how individuals can cancel unauthorized activity;

(v)

a requirement that individuals be able to access their account information on a website or other technology platform, as defined by the Secretary, when used to submit an enrollment or plan change, in lieu of the Exchange website described in subsection (d)(4)(C), including information on the agent of record, the qualified health plan, and when any changes are made to the agent of record or the qualified health plan, on a consumer-facing website or through a toll-free telephone hotline; and

(vi)

a requirement that the agent or broker report to the Secretary any third-party marketing organization or field marketing organization (as such terms are defined in section 1312(e)) involved in the chain of enrollment (as so defined) with respect to such new enrollment or coverage change.

(C) Consumer protection

The Secretary shall ensure that the enrollment verification process under subparagraph (A) prioritizes continuity of coverage and care for individuals, including by not disenrolling individuals from a qualified health plan without the consent of the individual, regardless of whether the broker, agent, or qualified health plan is in violation of any requirement under this paragraph.

(2) Required reporting

Section 1311(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(1)) is amended—

(1)

by redesignating paragraphs (1) and (2) as subclauses (I) and (II), respectively, and adjusting the margins accordingly;

(2)

in subclause (II) (as so redesignated), by striking the period at the end and inserting ; and;

(3)

by striking the subsection designation and heading and all that follows through brokers— and inserting the following:

(e) Regulation of agents, brokers, and certain marketing organizations

(1) Agents, brokers, and certain marketing organizations

(A) In general

The Secretary shall establish procedures under which a State may allow—

(i)

agents or brokers—; and

(4)

by adding at the end the following:

(ii)

field marketing organizations and third-party marketing organizations to participate in the chain of enrollment for an individual with respect to qualified health plans offered through an Exchange.

(B) Criteria

For plan years beginning on or after such date specified by the Secretary, but not later than January 1, 2029, the Secretary, by regulation, shall establish criteria for States to use in determining whether to allow agents and brokers to enroll individuals and employers in qualified health plans as described in subclause (I) of subparagraph (A)(i) and to assist individuals as described in subclause (II) of such subparagraph and field marketing organizations and third-party marketing organizations to participate in the chain of enrollment as described in subparagraph (A)(ii). Such criteria shall, at a minimum, require that—

(i)

an agent or broker act in accordance with a standard of conduct that includes a duty of such agent or broker to act in the best interests of the enrollee;

(ii)

a field marketing organization or third-party marketing organization agree to report the termination of an agent or broker to the applicable State and the Secretary, including the reason for termination; and

(iii)

an agent, broker, field marketing organization, or third-party marketing organization—

(I)

meet such marketing requirements as are required by the Secretary;

(II)

meet marketing requirements in accordance with other applicable Federal or State law;

(III)

does not employ practices that are confusing or misleading, as determined by the Secretary;

(IV)

submit all marketing materials to the Secretary for, as determined appropriate by the Secretary, review and approval;

(V)

is a licensed agent or broker or meets other licensure requirements, as required by the State;

(VI)

register with the Secretary; and

(VII)

does not compensate any individual or organization for referrals or any other service relating to the sale of, marketing for, or enrollment in qualified health plans unless such individual or organization meets the criteria described in subclauses (I) through (VI).

(C) Definitions

In this paragraph:

(i) Chain of enrollment

The term chain of enrollment, with respect to enrollment of an individual in a qualified health plan offered through an Exchange, means any steps taken from marketing to such individual, to such individual making an enrollment decision with respect to such a plan.

(ii) Field marketing organization

The term field marketing organization means an organization or individual that directly employs or contracts with agents and brokers, or contracts with carriers, to provide functions relating to enrollment of individuals in qualified health plans offered through an Exchange as part of the chain of enrollment.

(iii) Marketing

The term marketing means the use of marketing materials to provide information to current and prospective enrollees in a qualified health plan offered through an Exchange.

(iv) Marketing materials

The term marketing materials means materials relating to a qualified health plan offered through an Exchange or benefits offered through an Exchange that—

(I)

are intended—

(aa)

to draw an individual’s attention to such plan or the premium tax credits or cost-sharing reductions for such plan or plans offered through an Exchange;

(bb)

to influence an individual’s decision-making process when selecting a qualified health plan in which to enroll; or

(cc)

to influence an enrollee’s decision to stay enrolled in such plan; and

(II)

include or address content regarding the benefits, benefit structure, premiums, or cost sharing of such plan.

(v) Termination

The term termination, with respect to a contract or business arrangement between an agent or broker and a field marketing organization, third-party marketing organization, or health insurance issuer, means—

(I)

the ending of such contract or business arrangement, either unilaterally by one of the parties or on mutual agreement; or

(II)

the expiration of such contract or business arrangement that is not replaced by a substantially similar agreement.

(vi) Third-party marketing organization

The term third-party marketing organization means an organization or individual that is compensated to perform lead generation, marketing, or sales relating to enrollment of individuals in qualified health plans offered through an Exchange as part of the chain of enrollment.