Should there be stricter regulations on Medicare Advantage marketing and sales practices?

Question

Craig Kirscht · Accepted Answer

Short answer - yes and long answer it's complicated.  Deceptive marketing is a problem with some marketers using confusing and misleading messages. Not to forget the people turning 65 that get a overwhelming amount of marketing calls, emails, and letters. To the point that a person feels as if they are underseige.  While most agents are ethical who actually care about clients, there are definitely bad actors out there who game the system and chase commissions. People then get put into a plan that does not meet their needs. 

The intent of stricter regulations is good but it could also hinder the good agents but adding more red tape to do the right thing. Not every agent is going to be deceptive. Most agents have good intentions and want to do right by the client.

Tony Capraro III · Answer

This answer is provided in a video format. Watch the agent's video response here: https://medicareagentshub.com/questions/should-there-be-stricter-regulations-on-medicare-advantage-marketing-and-sales-practices#tony-capraro

Tammera Marrs · Answer

Yes, most definitely! Some of my clients get bombarded with daily phone calls multiple times a day. Blocking those calls doesn't work, as the callers just call on a different number. Several of my clients have been duped into thinking they are buying a Medicare Supplement policy when they are buying a Medicare Advantage policy that isn't in the local network. Luckily, we have been able to reverse the problem.

Answered by Tammera Marrs on May 1, 2025

Broker Licensed in KS

Answered by Tammera Marrs Medicare Insurance Agent

Ronnie Rosenberg · Answer

The regulations on Medicare Advantage marketing and sales practices are already very strict, so no, I don't believe they should be stricter. That could potentially limit the good information that an agent can share.

Answered by Ronnie Rosenberg on April 7, 2025

Agent Licensed in FL, CT, IL & 8 other states

Answered by Ronnie Rosenberg Medicare Insurance Agent

Steven Bleicher · Answer

I'm sure most of you will remember this: A few years ago, there were many TV commercials featuring celebrities like Joe Namath, William Devane & Jimmie Walker which initially caused a multitude of problems for seniors who were about to become Medicare-eligible. They misinformed the public and caused many people to switch to another plan when they ALREADY had the VERY SAME plan with another insurance company in their possession. 

The Center for Medicare & Medicaid Services (CMS) forced these commercials to be redone and to eliminate the misleading information but still used those same celebrities as if nothing was wrong. This was a prime example of the need for greater supervision of these overly frequent TV commercials. 

Moreover, there are Medicare agents who are known as "captive agents". These folks can only sell healthcare plans for one company. Therefore, it is incumbent upon you to find 2nd and sometimes 3rd opinions from independent representatives who are affiliated with various companies who can offer both Med. Supplements, as well as Med. Advantage plans. There is a wide difference between these two plans. In my opinion, it is essential to find an honest broker who can describe the major differences between those 2 plans. Moreover, the most expensive plan is NOT always the best plan. Check out the premiums along with the value of a plan's annual deductible if you're interested in an Advantage plan.

Tasha Riggs · Answer

No. The regulations make is harder for honest people and the seniors. The issues is that the dishonest people are NOT following the rules. Calling Seniors with permission to contact forms. They are signing them up without Scope of Appointments. 
The high pressured scammers are the problem and not following any rules. I get calls every 10 minutes from people trying to pressure me and make false claims about insurance and I am a broker!!

Michael Pyers · Answer

There are very strict rules about unsolicited contact with a Medicare Beneficiary. The problem is lack of enforcement. If you get one of those calls, tell them it sounds good, but why would want to deal with a criminal? The centers for Medicare and Medicaid (CMS) does not police these plans,but rather allows the MAPD plans to police themselves. Kind of like the fox guarding the Chicken Coop!

Answered by Michael Pyers on May 6, 2025

Broker Licensed in OH & MI

Answered by Michael Pyers Medicare Insurance Agent

Steve Houchens · Answer

There are already strict marketing practices in place for agents. Although some may not follow the rules in place and particularly seems to be issues with call centers mostly those from outside the USA. Its always helps to get to know your agent and more than just an unknown voice on the other end of the phone.

Answered by Steve Houchens on April 16, 2025

Agent Licensed in KY & TN

Answered by Steve Houchens Medicare Insurance Agent

Deb Haley · Answer

Yes, absolutely there should be stricter guidelines and rules that agents must follow when marketing and enrolling Medicare beneficiaries in Part C plans. And the private carriers of the Medicare Advantage plans should be overseeing their brokers who are contracted with them to ensure that they are following all the rules that apply.

Answered by Deb Haley on April 28, 2025

Broker Licensed in MA, CT, FL & 10 other states

Answered by Deb Haley Medicare Insurance Agent

Gary Henderson · Answer

There are very strict rules regarding Medicare advantage sales practices. The one rule I wish they would force agents to do, which is what I regularly do is explain all your options which are other plans such as Medicare supplement, also known as medigap plans. These actually have much better coverage. But in the event that they are not affordable to you, that's why there's Medicare advantage plans

Answered by Gary Henderson on April 14, 2025

Agent Licensed in TX, AK, AL & 46 other states

Answered by Gary Henderson Medicare Insurance Agent

Vachik Chakhbazian · Answer

Yes, stricter regulations on Medicare Advantage marketing and sales practices are needed.  More oversight is needed

Steven Lovell · Answer

There should be stricter regulations on Medicare Advantage marketing and Sales practices. There has been too much bait and switch with agents and how they conduct business for far too long. Clients are the priority, and with that, our duty is to make sure they have the best coverage now and in the future. We need more penalties for negligent agents when dealing with Medicare Advantages.

Answered by Steven Lovell on May 9, 2025

Agent Licensed in GA, CA, FL & 7 other states

Answered by Steven Lovell Medicare Insurance Agent

Jessica Breland · Answer

No. There are so many restrictions now that it is incredibly difficult for those of us that are following all the rules. I understand the regulations are to protect beneficiaries & for the people who aren't doing right but they're not following the rules anyway. So, it just makes it harder for the rule followers. I understand the need for regulations, I just feel like there should be stricter punishments for the ones breaking the rules.

Answered by Jessica Breland on April 14, 2025

Broker Licensed in LA

Answered by Jessica Breland Medicare Insurance Agent

Kimberly Griego · Answer

Absolutely. Most local agents and brokers are doing what's in their clients best interests. The larger problem lies in the call centers, where they don't always follow the rules. Medicare beneficiaries are often switched to plans that they later find don't work with the medical providers or prescription drug plans.

Answered by Kimberly Griego on April 8, 2025

Broker Licensed in WA, AZ, ID & OR

Answered by Kimberly Griego Medicare Insurance Agent

Should there be stricter regulations on Medicare Advantage marketing and sales practices?

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Should there be stricter regulations on Medicare Advantage marketing and sales practices?

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