Curie Brief
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The National Association of Benefits and Insurance Professionals (NABIP) is taking CMS to court over its moratorium on new ACA broker registrations. The freeze, introduced as part of an anti-fraud push, would block nearly 19,000 licensed agents from participating in open enrollment. NABIP argues the rule is arbitrary, unlawful, and harms both brokers and consumers seeking coverage guidance.
The National Association of Benefits and Insurance Professionals (NABIP) has filed a lawsuit against the Trump administration's CMS over its moratorium on new brokers entering the Affordable Care Act (ACA) marketplaces. The moratorium, unveiled in late September, was designed to combat fraud — but NABIP says it goes too far, threatening the livelihoods of nearly 19,000 legitimate, licensed professionals who have not been individually accused of any wrongdoing.
NABIP argues the rule violates both the Administrative Procedure Act and the ACA itself, calling it "arbitrary, capricious, and unsupported by sufficient evidence." The group says the blanket ban limits consumers' access to professional help right as open enrollment kicks off — a critical time when millions of Americans rely on brokers to navigate their coverage options.
By the Numbers:
Why it matters: With open enrollment on the horizon, blocking thousands of licensed brokers from the ACA marketplace could leave consumers without trusted guidance — potentially reducing enrollment and disrupting coverage access at a large scale.