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Medicare News

Medicare Advantage Marketing Tactics Get Scrutiny of Senate Aging Committee

Chairman Kohl notes some plans have announced reforms

May 16, 2007 – Amidst growing concern about the aggressive marketing tactics of Medicare Advantage plans, the Senate Select Committee on Aging held a hearing today that shed new light on the problem from the point of view of the senior citizen consumer, the Centers for Medicare and Medicaid and the insurance companies.

Chairman Herb Kohl (D-WI) noted in an opening statement, “In the last week, some Medicare Advantage plans announced initiatives to reform their marketing and sales practice guidelines.”

He said the focus of the hearing was “with the numerous and widespread complaints involving the sales and marketing of Medicare Advantage plans which are being aggressively promoted around the country.

 

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“For those of you not familiar with Medicare Advantage plans, they are private plan options, ranging from managed care to private fee for service plans, which are offered to Medicare beneficiaries as an alternative to traditional Medicare. While they have been in existence for some time, Medicare Advantage plans are now the fastest growing segment of the Medicare world and are an increasingly profitable enterprise for many plan sponsors.

“Unfortunately, wide-spread confusion—and in some cases outright misrepresentation and fraud—have been associated with the sale of these plans. Complaints appear to be nationwide, and a troubling pattern has emerged.”

Sen. Kohl said, “Our investigation has revealed a disturbingly consistent picture, one which only seems to be growing. Countless seniors purchasing Medicare Advantage plans have been preyed upon and unwittingly taken advantage of by insurance agents.

“Seniors have been removed from traditional Medicare without their knowledge, signed onto plans they can’t afford, misled regarding coverage, and told their doctors accept these plans, when in reality they don’t. This is simply unacceptable.

“One of the most troubling problems we have seen involves insurance agents misrepresenting and marketing Medicare Advantage plans in inappropriate manners and places, such as within nursing homes.

“We are not suggesting today that CMS has done nothing to address these problems—or that CMS officials are unconcerned about them. According to some state officials, CMS regional offices have made legitimate efforts to lend a hand, as they should, particularly when fraud and confusion have left our seniors with health insurance gaps and unnecessary additional costs.

“Nevertheless, it is clear that a major disconnect in oversight exists--one which needs to be addressed immediately.”

Below is a list of presenters at the hearing, “Medicare Advantage Marketing & Sales: Who Has The Advantage?” Each presenters testimony is available by clicking on their name.

Senator Herb Kohl (D-WI), Chairman

Witness Testimony

Abby Block, Director, Center for Beneficiary Choices, Centers for Medicare and Medicaid, Baltimore, Maryland
Commissioner Sean Dilweg, Wisconsin Office of the Commissioner of Insurance, Madison, Wisconsin
Commissioner Kim Holland, Oklahoma Insurance Department, Oklahoma City, Oklahoma
Special Agent Sherry Mowell, Georgia Office of the Commissioners of Insurance, Atlanta, Georgia
Albert Sochor, Vice President and Director of Marketing, Old Surety Life Insurance, Oklahoma City, Oklahoma
Karen Ignagni, President and CEO, America's Health Insurance Plans, Washington, DC
Heidi Margulis, Senior Vice President, Humana Inc., Lousiville, Kentucky
Peter J. Clarkson, Senior Vice President, Distributions Operations, UnitedHealth Group, Minnetonka, Minnesota
Gary Bailey, Vice President, Medicare Operational Performance, WellCare, Tampa, Florida

>> › Click here to view Webcast.

Following is a report released before the hearing in the Daily Report from KaiserNet.org

Senate Special Committee on Aging to Address Aggressive Sales Tactics Used for Medicare Advantage Plans

 

Daily Reports

KaiserNetwork.org

 

The Senate Special Committee on Aging on Wednesday plans to hold a hearing to address unethical or illegal practices that some sales agents reportedly have used to enroll Medicare beneficiaries in private Medicare Advantage plans, the San Francisco Chronicle reports (Colliver, San Francisco Chronicle, 5/16).

In advance of the hearing, Senate investigators released to Congress interviews and documents that indicate sales agents in at least 39 states have used unethical or illegal practices. Such practices have included the enrollment of dead or mentally incompetent Medicare beneficiaries, the impersonation of Medicare representatives and the use of personal information stolen from federal records, according to Senate investigators.

In addition, Senate investigators "have found that improper sales practices inspired by insurers offering high commissions have drawn civil and criminal cases, damaging the credibility of a program that some have called a model for revamping the Medicare system," the Washington Post reports.

Comments

Leslie Norwalk -- acting administrator of CMS, which last week decided to require private Medicare fee-for-service plans to call beneficiaries prior to enrollment to ensure that they understand the plans and have decided to enroll in them -- said that any program as large as Medicare will attract fraud. Norwalk also said that CMS allows Medicare beneficiaries to leave plans in which they enrolled because of unethical or illegal practices by sales agents and penalizes health insurers involved with the practices with fines, suspensions of enrollment or revocation of the ability to sell fee-for-service plans.

Senate Special Committee on Aging Chair Herb Kohl (D-Wis.) said, "There's a lamentable lack of oversight when it comes to the sales practices being used to sell Medicare Advantage plans to our seniors." Kohl added, "Our goal is that these plans must be represented in a transparent, honest and fair way."

Karen Ignagni, president of America's Health Insurance Plans, said, "We're going to be talking about zero tolerance" at the hearing. Ignagni said that proposals include new qualifications and training for sales agents, in addition to increased protections to ensure that Medicare beneficiaries understand the plans in which they enroll (Williamson/Lee, Washington Post, 5/16).

Robert Hayes, president of the Medicare Rights Center, said, "It's time the administration paid attention to this. We're swamped with people reporting abuse, fraud and misrepresentation." Hayes added, "It's a Wild West market" (San Francisco Chronicle, 5/16).

 

"Reprinted with permission from kaisernetwork.org You can view the entire Kaiser Daily Health Policy Report, search the archives, and sign up for email delivery at www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation. © 2006 Advisory Board Company and Kaiser Family Foundation. All rights reserved.”

 

 

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