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The NAIC adopted a resolution urging Congress and the U.S. Department of Health and Human Services (HHS) to use their respective authorities to preserve consumer access to insurance agents and brokers by adjusting the medical loss ratio (MLR) component of the Affordable Care Act. 

The impact of the MLR provision on agents and brokers' ability to serve consumers has been the subject of extensive debate among regulators and there is clearly not unanimous agreement on this issue.  However, the resolution follows up on concerns consistently raised by the NAIC since passage of the Affordable Care Act in comments to HHS and letters to Congress. In addition to calling upon Congress to amend the MLR portions of the Affordable Care Act, the resolution specifically asks HHS to take action through its rule-making process to help preserve consumer access to insurance agents and brokers.

The NAIC previously requested that HHS recognize the essential role served by producers and encouraged them to accommodate producer compensation in the MLR rule promulgated.  The resolution urges HHS to explore possible options for providing relief.

Throughout the process of implementing provisions of health care reform charged to us by Congress, state regulators have strived to provide our perspective and expertise to federal officials on issues with a direct impact on consumers, even if those issues are potentially divisive and contentious.  This resolution reflects that continued commitment.

Click HERE to read the resolution.

About the NAIC

The National Association of Insurance Commissioners (NAIC) is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer review, and coordinate their regulatory oversight. NAIC staff supports these efforts and represents the collective views of state regulators domestically and internationally. NAIC members, together with the central resources of the NAIC, form the national system of state-based insurance regulation in the U.S. For more information, visit

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