A nonprofit consumer advocate group is criticizing efforts by health agents and brokers to amend medical loss ratio regulation.

The National Association of Insurance Commissioners drafted legislation (document provided by Consumer Watchdog) that would allow health insurance companies to pay commissions on individual and small-group policies without counting them as administrative expenses.

The medical loss ratio mandate under health reform law requires insurance companies to spend 80 percent to 85 percent of premium dollars on health care, with the remainder for overhead and profit. Broker commissions–up to 20 percent of premium in the first year of a policy and a few percentage points each year after that–have always been considered an overhead cost, Consumer Watchdog notes in a press statement released Thursday.