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I believe the NAIC is wrong. The current bill specifically states that not only can agents sell inside of the exchange but also help people apply for the subsidies.
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The new law specifically includes health insurance agents and brokers as the marketing force for the purchase of private health insurance coverage both inside and outside the new exchanges (§1312(e) of the PPACA (P.L. 111-148)). Although subsidies will only be available to individuals who purchase coverage inside the exchanges (clearly an unlevel playing field which we strongly lobbied against), HHS will establish procedures under which a state could permit insurance agents or brokers to enroll individuals and employers in an exchange plan and assist them in applying for premium and cost-sharing subsidies.
Moreover, agent and broker commissions and compensation will continue to be established in the marketplace with state oversight―through negotiations between agents/brokers, insurance carriers and those for whom they provide services, based on the particular services involved and the competitive environment. Government regulators will not set agent commissions and fees, as was initially proposed in the Senate legislation.
Opinion/Gut Feeling...
Since the subsidies paid to consumers will be phased out
as incomes increase, with a family earning over $80K a year
getting nothing from Uncle Sam, these will be the people
who will buy outside of the exhange, in my opinion. Policies
within the exchange will have lower deductibles and much
higher premiums due to the government-imposed burdens.
.