basis in order to maintain appropriate licenses. This 
requirement to maintain educational standards helps 
assure the insured public that producers remain cur-
rent with the ever-evolving insurance market. 
(4) It is essential that licensed independent in-
surance producers continue to perform these duties, 
and others, as the Patient Protection and Affordable 
Care Act has made significant changes to the regu-
latory environment for health plans. To understand 
these changes, employers and consumers will need 
professional guidance even more in the future. This 
service is especially important for small businesses, 
as such producers often fill the role of a human re-
sources department as well as professional consult-
ant. 
(5) The National Association of Insurance 
Commissioners (NAIC), whose core mission is to 
protect consumers in all aspects of the business of 
insurance, strongly advocates for the continuing role 
of licensed independent insurance producers in 
health insurance, and has expressed that the ability 
of insurance agents and brokers to continue assist-
ing health insurance consumers at a time of rapid 
insurance market changes is more essential than 
ever. On November 22, 2011, the NAIC adopted a 
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resolution stating that ‘‘Congress should expedi-
tiously consider legislation amending the MLR provi-
sions of the PPACA in order to preserve consumer 
access to agents and brokers’’. 
(6) It is critical that the indispensable role 
played by licensed independent insurance producers 
is recognized and protected. 
SEC. 3. PROTECTING THE ABILITY OF LICENSED INDE-
PENDENT INSURANCE PRODUCERS TO CON-
TINUE TO SERVE THE PUBLIC. 
(a) IN GENERAL.—Section 2718 of the Public Health 
Service Act (42 U.S.C. 300gg–18), as inserted by section 
1001 and amended by section 10101(f) of the Patient Pro-
tection and Affordable Care Act (Public Law 110–148), 
is amended— 
(1) in subsection (a)(3), by inserting ‘‘, remu-
neration paid for licensed independent insurance 
producers,’’ after ‘‘State taxes’’; and 
(2) in subsection (b)(1)— 
(A) in the matter preceding clause (i) of 
subparagraph (A), by inserting ‘‘, remuneration 
paid for licensed independent insurance pro-
ducers in the individual and small group mar-
ket,’’ after ‘‘State taxes’’; and 
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dlhill on DSK3GLQ082PROD with BILLS
(B) in subparagraph (B)(i)(II), by insert-
ing ‘‘, remuneration paid for licensed inde-
pendent insurance producers in the individual 
and small group market,’’ after ‘‘State taxes’’; 
and 
(3) by adding at the end the following: 
‘‘(f) INDEPENDENT INSURANCE PRODUCER REMU-
NERATION DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘independent insurance producer’ 
means an insurance agent or broker, insurance con-
sultant, benefit specialist, limited insurance rep-
resentative, and any other person required to be li-
censed under the laws of the particular State to sell, 
solicit, negotiate, service, effect, procure, renew or 
bind policies of insurance coverage or offer advice, 
counsel, opinions, or services related to insurance. 
‘‘(2) The term ‘remuneration’ means compensa-
tion earned from an insurance issuer for services 
rendered under contractual agreement which may in-
clude commissions or any other thing of value but 
which shall not include production bonuses.’’. 
(b) REGULATIONS.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services shall amend any applicable regula-
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tions as necessary to implement the amendments made by 
subsection (a). 
Æ 
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