---
kind: "section"
citation: "42 U.S.C. § 300gg–46"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300gg–46"
heading: "Disclosure to enrollees of individual market coverage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300gg-46"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXV — Requirements Relating to Health Insurance Coverage"
  - "Part B — Individual Market Rules"
  - "Subpart 1 — portability, access, and renewability requirements"
---

# §300gg–46. Disclosure to enrollees of individual market coverage

- (a) **In general—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [individual health insurance coverage](/usc/42/300gg–91.md?p=b-5) or a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering short-term limited duration insurance coverage shall make disclosures to enrollees in such coverage, as described in [subsection (b)](#b), and reports to the [Secretary](/usc/42/201.md?p=c), as described in [subsection (c)](#c), regarding direct or indirect compensation provided by the issuer to an agent or broker associated with enrolling individuals in such coverage.
- (b) **Disclosure—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) described in [subsection (a)](#a) shall disclose to an enrollee the amount of direct or indirect compensation provided to an agent or broker for [services](/usc/42/201.md?p=a) provided by such agent or broker associated with plan selection and enrollment. Such disclosure shall be—
  - (1) made prior to the individual finalizing plan selection; and
  - (2) included on any documentation confirming the individual’s enrollment.
- (c) **Reporting—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) described in [subsection (a)](#a) shall annually report to the [Secretary](/usc/42/201.md?p=c), prior to the beginning of open enrollment, any direct or indirect compensation provided to an agent or broker associated with enrolling individuals in such coverage.
- (d) **Rulemaking—** Not later than 1 year after December 27, 2020, the [Secretary](/usc/42/201.md?p=c) shall finalize, through notice-and-comment rulemaking, the timing, form, and manner in which issuers described in [subsection (a)](#a) are required to make the disclosures described in [subsection (b)](#b) and the reports described in [subsection (c)](#c). Such rulemaking may also include adjustments to notice requirements to reflect the different processes for plan renewals, in order to provide enrollees with full, timely information.

## Source credit

(July 1, 1944, ch. 373, title XXVII, § 2746, as added Pub. L. 116–260, div. BB, title II, § 202(c), Dec. 27, 2020, 134 Stat. 2899.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable beginning 1 year after Dec. 27, 2020, see section 202(e) of div. BB of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note under section 1108 of Title 29, Labor.