Feds make issuer guidance letter final

In the original draft, CCIIO officials included two paragraphs talking about how an exchange-specific agent-broker agreement would govern producers’ access to the exchange. 

“CMS will monitor and oversee agents and brokers to confirm ongoing compliance  with the terms of the agent-broker agreement,” CCIIO officials said in the original draft. “CMS anticipates that this monitoring and  oversight will be limited to the terms of the agent-broker agreement not covered by state law,  such ast he exchange’s privacy and security requirements and standards for obtaining consumer  consent.”

In the final version of the guidance, officials have deleted those passages and several related passages.

Officials have kept passages stating that issuers must ensure that exchange-related marketing activities conducted by their producers “comply with applicable federal and state requirements.”

Any marketing materials must comform to the requirements in the exchange health plan issuer’s agreement with the exchange, officials say in both the draft version of the guidance and the final version.

See also:

• Feds: Our exchanges will work with producers
• Feds: Brokers can be HHS exchange navigators
• Feds: Exchanges can set up life, disability alliances