Last month, the Centers for Medicare & Medicaid Services (CMS) issued a final rule titled, “Medicare Program: Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs." 

The final rule revised the Medicare Advantage (Part C) program and Medicare Prescription Drug Benefit (Part D) program regulations. Among other things, the rule redefined third-party marketing organizations (TPMOs) to include individual agents and brokers and requires them to record enrollment conversations and prominently display a standard disclaimer. The rule took effect on Oct. 1.

Last week, CMS issued an FAQ for agents and brokers about the implementation of the Medicare marketing recording requirements and the TPMO disclaimer.

Prior to these requirements going into effect, the Big “I" joined with other agent and broker trade associations to send a letter to CMS noting concerns with the rule and the lack of guidance surrounding it. That letter also requested a delay of 6-12 months. Unfortunately, CMS did not respond.

This week, Rep. Mariannette Miller-Meeks (R-Iowa) sent a letter to CMS outlining her concerns, specifically with the recording requirements. She requested a one-year suspension of the rule so that “companies can properly implement this system."

The Big “I" will continue to work with its congressional allies to educate CMS about the valuable role that independent agents and brokers play in this process and differentiate them from the bad actors that CMS should be seeking to regulate.

Nathan Riedel is Big “I" vice president of political affairs.