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Medicare Reporting Bill Introduced in Senate

The legislation seeks to exclude independent agents and brokers from the requirement to record calls with beneficiaries under the Medicare Advantage and Prescription Drug Benefit Programs.
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medicare reporting bill introduced in senate

Last week, Sen. Mike Rounds (R-South Dakota) introduced legislation amending title XVIII of the Social Security Act to exclude independent agents and brokers from the requirement to record calls with beneficiaries under the Medicare Advantage and Prescription Drug Benefit Programs. The bill, S.5149, has been referred to the Senate Finance Committee and Sen. Rounds was joined by Sen. James Risch (R-Idaho) as an original cosponsor.

Earlier this year, the Centers for Medicare and Medicaid Services (CMS) made technical changes to the Medicare Advantage and Medicare Prescription Drug Benefits Program. Those included significant changes to existing marketing requirements. It redefined third-party marketing organizations (TPMOs) to include individual agents and brokers, and, among other things, subjected them to record enrollment conversations with beneficiaries.

The Big “I" has been communicating with members of Congress about the valuable role that licensed and certified independent agents and brokers play as they work directly with Medicare beneficiaries. Earlier this year, the Big “I" joined other interested agent and broker groups and sent a letter to CMS questioning its new definition of TPMOs and its regulatory overreach.

With the 117th Congress coming to an end this month, it is unlikely the bill will advance out of committee and be voted on. Nonetheless, it sends a message to CMS that legislators are watching their regulatory actions and are prepared to push back on its overreach. We expect the legislation to be reintroduced when the 118th Congress convenes.

Sen. Rounds is a former Big “I" member, ran one of the largest agencies in South Dakota, and understands the valuable role that independent agents play across all lines of insurance. This legislation is a positive development for insurance agents and brokers, and the beneficiaries that they work to protect every day.

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