Brokers in the Exchange - Can You Walk a Fine Line?

Ann H

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Brokers are interested in the opportunities, responsibilities, limitations, and compensation for the role of the broker/agent/producer in the exchanges. We all know we can sell inside and outside the exchanges in almost all states. We pretty much all agree that we will probably be canned in about 3 years. They are using us to build enrollment, and we know that. But we also know that the whole thing will implode in about 3 years anyway, and the reform will need to be reformed.

On 3/12/2012 the HHS issued final regs on the Exchanges. It’s 664 pages long. Brokers/agents/producers were mentioned many times (my search shows 143 times). Before you delve into 664 pages, here’s a good recap of important issues for brokers: Little-Noted Provision On Agents And Brokers Could Mean Big Changes For Exchanges – Health Affairs Blog

During the process of finalizing the regs, commentators were allowed to weigh in. Those comments are in the 664 pages of the final regs. Following is an easy-to-read report from a Consumer Advocacy group that clearly isn’t too broker friendly. It is important to know the objections that our opponents raised, because these issues will affect our licensing process, certification and training, and these issues absolutely will come up again. When enrollment is lackluster, when plans thrive outside the exchange, when groups turn to self-funding to avoid PPACA, when agents are cross-selling leads that came to us because we can sell in the Exchange, when agents steer their clients to the best product and it doesn’t happen to be in the Exchange, then our opponents will storm back with their objections, and regulators may listen.

Here is the FamiliesUSA report: http://www.familiesusa2.org/assets/pdfs/health-reform/Exchanges-Brokers-and-Agents.pdf

And finally, if you want to use your browser’s search button to find the 143 times that brokers were mentioned in the 664 page Final Regs on Exchanges from the HHS, here are 2 links. The first link is the easiest to read, but it has no page breaks. The 2nd link is the formal version – small font and hard to read, but at least it is paginated.

Federal Register | Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers - easier to read version

http://www.gpo.gov/fdsys/pkg/FR-2012-03-27/pdf/2012-6125.pdf - formal version with page breaks
 
Good stuff Ann...I agree with your line of thinking in regards to the big picture. Whether or not we are compensated now is not nearly as important as the master plan. We are no friend to the Insurance companies or the Government and when are usefulness is over, we will be kicked to the curb. I also predict that HCR is the first step to Single Payer. Just my opinion.
 
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