The ACA Agent Registration Freeze Lawsuit: Where It Stands and How to Plan

October 18, 2026•2 min read

Updated Oct 19, 2026: oral argument on NABIP's TRO request is set for Oct 21.

If you didn't register with the federal marketplace for 2026, you've probably been watching this one closely. Here's what's actually happened, and what hasn't.

What the freeze does

Per NABIP, the moratorium prevents agents and brokers who didn't get an exchange registration for plan year 2026 from registering for plan year 2027. NABIP says it affects nearly 19,000 agents and brokers. The freeze runs through Feb 1, 2027, which covers the whole HealthCare.gov open enrollment window of Nov 1 to Jan 15.

The lawsuit

On Oct 15, NABIP sued HHS and CMS and sought injunctive relief, including a temporary restraining order. NABIP argues the rule allowing the moratorium was adopted in violation of the Administrative Procedure Act and the Affordable Care Act, and that the moratorium itself is arbitrary and capricious.

Per the Georgetown Health Care Litigation Tracker, the case is in federal court in Maryland and a judge, Stephanie A. Gallagher, is assigned. Per the court docket, oral argument on NABIP's request for a temporary restraining order is set for Wednesday, Oct 21, 2026 at 2:00 PM ET in Baltimore before Judge Gallagher. As of Oct 19, the government hasn't filed a response, and there's no ruling yet.

How to plan

Plan as if the freeze holds. Until a court says otherwise, it does.
If you're registered for 2026, you're the one working OE. Plan your capacity accordingly.
If you're not, don't promise clients you'll be able to enroll them on the federal marketplace this season. Know where to refer them so they aren't left without help.
Keep working what you can. Medicare clients, off-exchange options where appropriate, and ancillary needs don't stop. See our guide to ancillary products.
Watch the tracker. That's where filings and any ruling will show up first.

With 2027 ACA rates up double digits in several states, clients will need help either way. Justin also covered what agents can do while the moratorium is in court.

Get the free State Playbooks

Marketplace rules and options vary by state. Brock puts out tons of resources like these, and the State Playbooks help you plan your book state by state. Get the free State Playbooks.

FAQ

What is the ACA agent registration freeze?

Per NABIP, it prevents agents and brokers who didn't register with the federal marketplace for plan year 2026 from registering for plan year 2027. It runs through Feb 1, 2027.

Has a court ruled on NABIP's lawsuit?

Not yet. Oral argument on NABIP's TRO request is set for Oct 21, 2026 at 2:00 PM ET in federal court in Baltimore, before Judge Stephanie A. Gallagher. There's no ruling as of Oct 19.

Should I plan for open enrollment as if the freeze will be lifted?

No. Plan as if it holds until a court says otherwise.

Marlon Nash

Marlon is a Partner Management Specialist at Brock. He started on Brock's internal sales team, where in his first year he became known as the most aggressive agent on outbound activity. That drive brought him to the partner side of the house, where he now works with new and intermediate agents who want a more sophisticated partner for their contracting and technology. He helps them get set up right, get producing and grow.

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