Compliance considerations

Plan steering & non-discriminatory display

Per 45 CFR § 155.220(c)(3)(i)(L)–(M), applications built on the quoting API may not display QHP advertisements or recommendations, or give any plan favored or preferred placement, based on the compensation your organization receives from a carrier. If your application ranks, sorts, or highlights specific plans by default, you must prominently disclose the methodology behind that ranking to the consumer.

See CMS’s Direct Enrollment Partners resource hub for CMS materials on default plan display and comparison tools, including web-broker guidance for the Federally-facilitated Marketplaces.

Marketing conduct standards

Per 45 CFR § 155.220(j)(3)(iii)(A), applications may not offer cash, monetary rebates, gift cards, travel vouchers, or cash equivalents as an inducement for enrollment. Non-cash gifts to consumers are permitted only when they meet the nominal-gift standards in 45 CFR § 155.220(j)(3)(iii)(B): of nominal value, offered to similarly situated consumers regardless of whether they ultimately enroll, and not a cash equivalent.

Zero-dollar premium claims (New for Plan Year ’27)

Per 45 CFR § 155.220(j)(3)(iii)(C), your application may not falsely assert or suggest that a consumer will always qualify for zero-dollar insurance or zero-dollar premiums. Premium and subsidy amounts vary by individual eligibility. Unqualified claims, including references to “$0” premiums or “free” ACA coverage without noting that eligibility and cost vary by consumer, are prohibited for Plan Year ’27 marketing on the Federally-facilitated Marketplace and State-based Exchanges on the Federal platform. See CMS’s 2027 Notice of Benefit and Payment Parameters final rule fact sheet for additional context.

Consumer consent & application review documentation

Per 45 CFR § 155.220(j)(2)(ii)–(iii), if your application assists a consumer with enrollment, applying for APTC/CSRs, or searching an existing application, you must obtain and document the consumer’s (or their authorized representative’s) consent before doing so, and separately document that the consumer reviewed and confirmed the accuracy of their eligibility application before submission. Both records must be retained for a minimum of 10 years and produced to CMS upon request during monitoring, audit, or enforcement activity. A checkbox alone does not satisfy this requirement—the documentation must reflect an affirmative action by the consumer (signature, recorded verbal confirmation, email, etc.).

Coming for Plan Year 2028: Per the 2027 HHS Notice of Benefit and Payment Parameters final rule, CMS will require agents, brokers, and web-brokers to use the HHS-approved and -created consumer consent form to satisfy both the consent and application-review documentation requirements above, for enrollments in plan years beginning on or after January 1, 2028. Custom consent flows will need to transition to this standard form ahead of that date.

Protection of consumer PII

Per 45 CFR § 155.220(j)(2)(iv), which incorporates the safeguards in § 155.260(b)(3), your application may not release, publish, or disclose consumer PII to unauthorized parties, and must use PII only for the authorized purposes of completing an application or facilitating enrollment. This obligation extends to any third party you’ve engaged (e.g., for lead generation) that handles PII collected through your integration. CMS also retains authority under § 155.220(g)(5) to suspend an agreement for up to 90 days on reasonable suspicion of fraud or abusive conduct involving consumer PII.

Web-broker identification on your site

Per 45 CFR § 155.220(c)(4)(i)(C), if your application displays QHP information sourced through the quoting API, the responsible web-broker’s name and any HHS-required identifier must prominently appear on your site and on any printed materials generated from it—even if you’ve customized the site’s appearance or branding. This applies whether you’re the registered web-broker or operating under an arrangement with one.

Accessibility and language access

Per 45 CFR § 155.205(c), information must be accessible and timely for applicants and enrollees.

Under § 155.205(c)(1), web-brokers must ensure their websites are accessible to individuals with disabilities, including provision of auxiliary aids and services at no cost, consistent with the ADA and Section 504 of the Rehabilitation Act.

Under § 155.205(c)(2), web-brokers must provide language access for limited-English-proficient populations at no cost, including oral interpretation. For web-brokers, § 155.205(c)(2)(i)(B) also requires telephonic interpreter services in at least 150 languages beginning when the web-broker has been registered with the Exchange for at least one year (or November 1, 2015, whichever is later). § 155.205(c)(2)(iii)(B) requires non-English taglines on website content and other critical coverage documents beginning when the web-broker has been registered with the Exchange for at least one year.