State restrictions on health reform assisters may violate federal law, Commonwealth Fund Blog, Jun 25, 2014.
Prohibit health care providers from being assisters because they contract with health plans
Limit who assisters may help, including individuals who may already have but want to change their coverage
Prevent assisters from helping consumers to compare plans
Force assisters to refer consumers to agents or brokers who may not be in a position to offer unbiased advice
Require all assisters to become licensed as agents or brokers themselves
Impose any regulation that in practice prevents assisters from carrying out their duties defined by federal law
UNDERCUTTING THE AFFORDABLE CARE ACT Federal regulations released in May 2014 suggest some states may inappropriately restrict enrollment assisters and their work.
Officials ideologically opposed to the ACA employ many political and policy tactics to thwart the law's implementation, and hampering assisters is one such tactic.
Assisters nationwide are held to certain standards under the ACA, such as providing unbiased information and protecting personally identifiable information.
Federal law allows all states to implement additional certification requirements for enrollment assisters--so in states with federally facilitated marketplaces (FFMs), assisters may be subject to both federal and additional state-specific standards.
8)) State policies that impose limitations or additional requirements on assisters generally fall into three categories: who can serve as an assister, how assisters do their work, and what is required to become an assister.