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The other thing that I have actually seen is a senior population that depends on the provision of healthcare services-- any threat to that is very frightening for them. When you combine those 2 with each other-- the anxiety that many elders have connected to their proceeded stipulation of medical care insurance coverage, and also their susceptability also, this type of advertising and marketing hits in a specifically hazardous area.


The Chairman. Thank you significantly, Senator Whitehouse. Ms - Medicare agent Huntington NY. Block, in a front-page article in the May 7th New York City Times, you were priced quote as saying, concerning Medicare Benefit sales and also marketing, that, quote, "Suppliers and also individuals with Medicare plainly do not comprehend this product," unquote. I would love to ask you what you indicated by that remark and what is CMS doing to make sure that recipients and also insurance coverage- sales agents do recognize the Medicare Advantage item before they buy it.


Well, the remark was resolved particularly to the personal fee-for-service product and not the Medicare Benefit product, in general. I genuinely believe that several people, consisting of suppliers, as well as recipients, have actually discovered the private fee-for-service product confusing.


We have actually added some really specific needs, including documentation of training programs by the strategies and disclaimer statements. I even have some examples with me of drafts of what those statements will resemble - Medicare agent Huntington NY. These declarations, which are for both beneficiaries and also service providers, discuss very clearly what a private fee-for-service plan is and, a lot more notably, what it is not, which is what I think is what confuses beneficiaries.

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We are likewise requiring every one of the strategies to do callbacks to individuals that enroll in one of the exclusive fee-for-service plans to see to it that, actually, they, firstly, really selected that strategy-- that they really signed the application-- and after that, second, that they really comprehend the stipulations of the item they have actually acquired as well as that they genuinely plan to be in that plan due to the fact that they think it satisfies their requirements.


Thank you. Senator Smith. Legislator Smith. Thank you, Mr. Chairman. Ms. Block, thank you once again for being right here. I think we will hear from participants of the 2nd panel that States are frustrated by the preemption stipulation in the Medicare Modernization Act. This restricts them from taking activity versus Medicare strategies in their States that might be taken part in unsuitable and often-illegal advertising and marketing as well as enrollment activities.


With this in mind, is there value in considering rolling back the preemption plans, creating a far better collaboration in between the States and CMS; or, at a minimum, improving her response the State consultation regulations? Ms. Block. Well, I can not inform you exactly how news essential I think it is that CMS and also the States function carefully with each other.


We recognize that we share the problem for the well- being of Medicare recipients. Therefore, we collaborated with the National Organization of Insurance policy Commissioners to establish the Memorandum of Comprehending, which, currently, will certainly assist us to connect far better, to share details, to make certain that each people is holding up our end in terms of what requires to be done to make one hundred percent sure-- and also you will certainly hear over and over today-- as well as I stated it at the last hearing that I was at-- there is absolutely no resistance for Medicare recipients being deceived in any way regarding the items that they are being marketed.

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Legislator Smith. Yet does the Medicare Memorandum of Comprehending-- is that adequate, or do we need to roll back this preemption arrangement? Ms. Block. I think that the Memorandum of Comprehending requirements to be given a chance to function. We have 20 States that have actually signed the memorandum thus far, as well as Puerto Rico.


We have a group functioning carefully with the NAIC to overcome exactly how this is mosting likely to operate in regards to procedures, treatments and so forth. I believe that, clearly-- as well as I recognize the comparison has actually been made to Medigap and the State supervision of Medigap. Medigap is something that beneficiaries acquired with their very own money.


So I think it is critical that the Federal Government preserve guidance and oversight of those plans. They are our service providers. There look at here now are massive quantities of Federal funds going into that program. It is a Federal program. I believe we need to function as very closely as possible with the States, as well as I can't emphasize that sufficient.


Ms. Block. I recognize that there has been some confusion regarding the consultation legislations and, additionally, I recognize that some of the plans actually do appointments willingly.

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However the crucial point, I think, is that this is a Federal program and also we want to work as carefully as possible via the devices that we have actually developed to do this jointly with the States in a manner that, essentially, accomplishes our usual goal, which is to protect the recipients.


Well, one strategy that I think is affirming today has an excerpt from a record that checks out, "Now is the time to market aggressively. Use the necessity of the restraining due date to drive choices with a 'Get now or miss out' sales suggestion." I am questioning if, in your view, Ms.


Is this common: "Get currently or miss out"? Are their representatives not able to respond to recipients' concerns? Does any one of this violate CMS standards? Ms. Block. Well, absolutely, agents are required to be able to address recipients' concerns, and also that is the factor of the documented training. It is absolutely important that everyone that is out there offering this product-- whether the agent is actually used by the strategy or whether it is an agreement broker or agent-- firstly, comprehends the Medicare rules clearly and, 2nd, totally understands the product that they are marketing.