This page contains resources to help you understand the new Broker Compensation Disclosure Requirements, as well as tools to help you comply with the new regulations. If you have questions or need assistance, please call us at (800) 801-2300.
Congress passed the Consolidated Appropriations Act, 2021 (CAA) in December 2020. The CAA contains new requirements for business transparency that impact health plan providers, individual brokers and consultants.
Included in the CAA, the No Surprises Act Section 202(c) seeks to enhance compensation disclosure rules and bring them more in line with retirement plan service providers. As explained in a recent NAHU publication:
The Consolidated Appropriations Act, 2021 now amends the section 408(b)(2) statutory exemption to impose compensation disclosure requirements on health plan service providers that are similar to the requirements applicable to retirement plan service providers.
The Omnibus Package’s important changes for insurance agents and brokers are found in a section titled “Title II – Transparency, Section 202, Disclosure of direct and indirect compensation for brokers and consultants to employer-sponsored health plans and enrollees in plans on the individual market”. [Consolidated Appropriations Act, 2021,H.R. 133, 116th Cong. 134 STAT. 2894 (2020)]1
Disclosure requirements pertain to any covered services provider that reasonably expects to receive $1,000 or more in direct or indirect compensation for brokerage or consulting services. Disclosure is required for all forms of compensation including standard compensation, bonuses, finder’s fees, advance or prepaid commissions, third party payments and incentives not entirely related to the plan, plus similar forms of compensation.
Broker Compensation Disclosure Resources
Documents and Templates
- NAHU Broker Compensation Disclosure Requirements
- Broker Compensation Disclosure Template
- Product and Commission Schedule - California
1 National Association of Health Underwriters (NAHU) Compliance Corner. Broker Compensation Disclosure Information. https://nahu.org/membership-resources/compliance-corner/broker-compensation-disclosure-information.