CMS: States cannot regulate Medicare Advantage broker compensation

(By: Jakob Emerson for Becker’s Hospital Review)

CMS is reminding state insurance departments that federal law preempts any efforts to regulate Medicare Advantage broker compensation and marketing practices.

The Dec. 4 memo from the agency comes as UnitedHealthcare is suing the director of the Idaho Department of Insurance over his attempts to enforce MA commission requirements, and as several states have issued emergency orders and warnings aimed at preventing insurers from cutting broker commissions during the open enrollment period. Continue reading here…

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