WASHINGTON(AP)
Agents selling private health insurance plans to the elderly and
disabled would be barred from cold-calling, door-to-door
solicitations and pitching their products outside hospital waiting
rooms or pharmacies, under a federal rule proposed Thursday.
The rule is designed to make it harder to pressure Medicare
beneficiaries into signing up for insurance products they don't
need or want. It essentially restricts face-to-face solicitations
to those initiated by the customer.
A new Medicare drug benefit began Jan. 1, 2006. Since then,
participants and state insurance commissioners have complained that
some agents use false information to enroll people into certain
plans, particularly those offering comprehensive health
insurance.
"We want to make sure that beneficiaries aren't
pressured into sales," said Kerry Weems, acting administrator
for the Centers for Medicare and Medicaid Services "In parking
lots, waiting rooms and those kinds of places, a salesman can
create a pressure environment or a threatening environment where a
beneficiary will agree to anything just to get away."
During congressional hearings, lawmakers urged the Bush
administration to curb abusive marketing practices. The rule is
unlikely to stop lawmakers' efforts to give states more
authority to hold insurers accountable.
About 27 million people get coverage for their prescription drug
needs either through a private insurance plan that offers only the
drug benefit or through a "Medicare Advantage" plan that
offers comprehensive health benefits. In some cases, people were
enrolled in plans even after they made it clear they didn't
want the product.
Advocacy groups said the rule is a step in the right direction,
but it won't be enough. They want states to regulate the
insurance companies that offer Medicare Advantage plans. Currently,
states only regulate the activities of the agents selling the
plans.
"CMS doesn't have the boots on the ground to enforce
even good rules like this," said Paul Precht, policy director
for the Medicare Rights Center.
But Weems said the rule also gives CMS authority to issue fines
of up to $25,000 per beneficiary affected by the company's
conduct. Previously, the fine was $25,000 per contract.
"That is an extremely powerful enforcement tool,"
Weems said.
Several provisions in the new regulations are already part of
voluntary guidelines for the industry. But there are some areas
where Medicare went beyond what the insurance industry sought. For
example, insurers routinely sent brochures in the mail explaining a
product to a potential customer. Then agents would call to make
sure they got the brochure. They would no longer be allowed to make
those calls under the proposed rule.
Also, insurance agents commonly used their meetings about the
drug benefit to pitch other types of products such as long-term
care insurance or disability insurance. The regulation would
prevent them from doing so _ unless the agent cleared it with the
potential customer before the meeting.
Karen Ignagni, president of America's Health Insurance
Plans, said the rule would prevent agents from marketing at health
fairs or anywhere else where health care is delivered. She said the
rule is an important step in protecting beneficiaries and
questioned the need for more state regulation.
"Medicare is a federal program. Moving away from federal
regulation toward 50 states approaching this in 50 different ways
doesn't set a uniform standard for beneficiaries," Ignagni
said. "That's why our board urged additional federal
requirements."
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On the Net:
Centers for Medicare and Medicaid Services:
http://www.cms.hhs.gov
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