Medicare plan marketing proposal would overhaul broker payments

Lexology November 21, 2023
Sidley Austin LLP

The U.S. Centers for Medicare and Medicaid Services (CMS) published a proposed rule on November 15, 2023 that would overhaul the regulations governing insurance agent and broker compensation rates and compensation agreements for Medicare Advantage plans (MAPs) and Medicare Part D plans (PDPs). The proposal follows CMS’ final rule revising the regulations governing marketing by MAPs issued on April 5, 2023, which we covered in a prior Sidley Update here. Comments to the proposed rule — which would take effect in contract year 2025 if finalized — are due by January 5, 2024.

For many years, CMS has set upper limits on the amount of commission compensation that agents and brokers can receive for enrolling Medicare beneficiaries into MAPs and...

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