Trump’s DOJ Takes Surprising Stance on Agent and Broker Payments in MA
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Feb 06, 2025
In an interesting turn of events that may signal tougher-than-expected oversight of Medicare Advantage, the Dept. of Justice (DOJ) under President Donald Trump has filed a motion supporting the previous administration’s attempt to regulate Medicare Advantage payments to agents and brokers. In its response, the DOJ asserts that CMS by law has broad authority to regulate how Medicare plans are sold and how much marketers get paid for that.
“People who think the Trump administration will have a lighter hand on MA marketing will need to look elsewhere for concrete evidence,” remarks Tricia Beckmann, principal with Faegre Drinker Consulting, of the recent filing. But it is also not “terribly surprising to see the federal agency assert broad authority over marketing particularly given its responsibilities under MIPPA,” she says, referring to consumer-friendly terms of the Medicare Improvements for Patients and Providers Act.
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