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NH Delegation Calls for Increased Federal Oversight to Protect Eligible Medicare & Medicaid Beneficiaries from Predatory Marketing

(Washington, DC) – U.S. Senator Jeanne Shaheen (D-NH) led a New Hampshire congressional delegation letter today signed by U.S. Senator Maggie Hassan (D-NH) and U.S. Representatives Annie Kuster (NH-02) and Chris Pappas (NH-01) to the Centers for Medicare and Medicaid (CMS), urging the agencies to take action to protect eligible New Hampshire Medicare beneficiaries subject to aggressive and potentially predatory marketing tactics related to the sale of Medicare Advantage (MA) plans or other insurance products.

“Beneficiaries must be aware prior to enrollment whether they are choosing traditional Medicare or a MA plan or other coverage. Without proper disclosures, it is impossible for enrollees to make a fully informed decision that will ultimately affect future care and treatment options. Unfortunately, as CMS is aware these disclosures are increasingly absent from marketing materials targeting Medicare beneficiaries,” the delegation wrote.

The delegation emphasized the need for increased oversight from CMS to ensure marketing materials targeting Medicare beneficiaries and those from third party marketing organizations (TPMOs) include disclosures identifying the differences between traditional Medicare and MA plans. Including these disclosures would allow enrollees to make fully informed decisions regarding their health insurance coverage.

“We appreciate CMS’s ongoing work to regulate the marketing materials for MA products, including the recent memorandum to MA and Part D Plan Sponsors on CMS Monitoring Activities and Best Practices during the Annual Election Period. However, we urge CMS to bolster their oversight to identify and stop predatory marketing practices in conjunction with state insurance departments receiving related complaints,” the delegation continued.

The delegation also requested CMS provide recommendations to Congress to ensure the agency has the authority and resources necessary to protect Medicare beneficiaries.

The letter can be read in full here