On Jan. 26, NAIFA submitted comments on the Centers for Medicare and Medicaid Services’ (CMS’s) “Contract Year 2027 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, and Medicare Cost Plan Program.” NAIFA generally supports the proposed rule but offers suggestions for improvement.NAIFA said, ’The association applauds CMS for many of the provisions in the proposed rule, particularly the proposed changes concerning third-party marketing organizations (TPMOs), scope of appointment parameters, call recording retention requirements, special enrollment periods for provider terminations, and unnecessary restrictions currently in place for educational and marketing events. These are thoughtful, fair, and balanced revisions that will benefit Medicare beneficiaries and the agents that work with them every day.”

NAIFA commented on the need to more specifically define TPMOs, saying that there are some ambiguities in the proposed rule that create uncertainty and potential gaps in oversight. Any modified TPMO definition should preserve the ability of all agents to serve beneficiaries effectively while ensuring required transparency in all areas to beneficiaries, NAIFA said.

Another area in the rule on which NAIFA commented is the scope of appointment (SOA) rule around the timing of personal marketing appointments. NAIFA proposed that the SOA form remain valid for a full 12-month period from the date of signature for the specified product types, regardless of plan year transitions. In addition, NAIFA strongly applauded CMS's recognition that the current 10-year retention period for marketing and sales call recordings is overly burdensome and unnecessary and expressed support for a three-year retention period.

In conclusion, NAIFA said “NAIFA appreciates CMS's commitment to improving the Medicare Advantage and Part D programs through the thoughtful proposals in this rule. The proposed changes reflect a genuine effort to balance beneficiary protection, regulatory efficiency, and marketplace functionality.

“NAIFA respectfully requests the opportunity for continued dialogue with CMS as these proposals are refined and finalized. Our members' day-to-day experience serving Medicare beneficiaries provides valuable insights into how regulations work in practice. We stand ready to: 

• Provide additional data or analysis on any of the topics addressed in this letter.

• Participate in stakeholder meetings or working groups.

• Assist with development of model language or implementation guidance.

• Share best practices from our members' experience”

Prospects: NAIFA continues to work with CMS to achieve the best possible rule for Medicare beneficiaries and the agents who serve them.

NAIFA Staff Contacts:  Roger Moore – Policy Director – Government Relations, at RMoore@naifa.org, or Mike Hedge – Senior Director – Government Relations, at mhedge@naifa.org