Advocacy in action blog

NAIFA has submitted a letter by NAIFA CEO Kevin Mayeux, CAE, to the Centers for Medicare and Medicaid Services regarding a decision by certain health insurance companies to discontinue Medicare prescription drug (Part D) compensation for health insurance agents. The changes will have a detrimental impact on American consumers who will potentially lose access to the personalized guidance that agents provide. Agents also will be restricted from receiving compensation for both new business and renewals when assisting clients with prescription drug plan enrollment.

In the letter, Mayeux said Medicare Part D plans “are sophisticated products that can be difficult for many Medicare beneficiaries to fully understand. NAIFA members spend a considerable amount of time each year, especially during the Annual Enrollment Period, matching beneficiaries to the prescription drug plan that best fits their specific needs.” Mayeux also makes the following points:

• Because Medicare can be much more complex than commercial insurance, many consumers need assistance throughout the year as they move through the various phases of coverage, cost determinations, and new prescriptions, all of which are services that agents provide on a continual basis.
• Eliminating agent compensation for these plans creates a risky precedent that may lead to consumers being left without personalized assistance as the agent cannot help with any issues that may arise. 
• Without professional agent assistance, consumers will be confused and left to contact calls centers unfamiliar with their unique situations. Frustrated consumers are more likely to submit their complaints and concerns directly to Medicare, placing added stress on CMS’s ability to deal with calls and inquiries in a timely fashion.  

Mayeux added that NAIFA plans to continue the conversation with the Centers for Medicare and Medicaid Services to communicate the impact this decision will have on protecting our most vulnerable citizens. 

We have an exciting opportunity for you to put your name forward as a nominee to serve on the Department of Labor’s ERISA Advisory Council or the Federal Reserve Board’s Insurance Policy Advisory Committee. Details for each are below. If nominated and selected, you will be able to provide critical input on the important role financial professionals and insurance producers play in securing Americans’ futures.

NAIFA along with the American Council of Life Insurers and other advocacy partners recently notched a major win in our lawsuit opposing the Department of Labor’s fiduciary-only rule. As we shared with you last week, the U.S. District Court for the Northern District of Texas granted a stay in the lawsuit that prevents the DOL rule from going into effect September 23.

The U.S. District Court for the Northern District of Texas has granted a request by NAIFA, ACLI, several NAIFA chapters, and other advocacy partners to stay the Department of Labor's fiduciary-only rule, stating that our case is "virtually certain to succeed on the merits." The action follows a similar stay issued Thursday by a different federal court in a similar case.

On July 25, 2024, a federal court in the Eastern District of Texas issued a stay barring the enforcement of the DOL fiduciary-only rule (and amendments to PTE 84-24) while the case in FACC v. DOL is pending. An appeal of the stay to the 5th Circuit is likely.  

Meanwhile, NAIFA’s challenge to the fiduciary-only rule, brought with ACLI and other industry groups, is under review in the Northern District of Texas, where we seek a preliminary injunction and stay against enforcement of the fiduciary-only rule and amendments to PTE 84-24 and 2020-02.

NAIFA is proud to announce that John M. Ruckel, LUTCF, a Financial Professional with MassMutual and owner of Ruckel Insurance and Financial Group in Nacogdoches, Texas, is the 2024 recipient of NAIFA’s Terry Headley Lifetime Defender Award.

Congratulations to NAIFA-California for its advocacy work that contributed to the California Legislature passing (and the Governor signing) AB 2927 by Assemblyman McCarty (D-Sacramento). The bill reflects years of efforts to require financial literacy be included in high school curriculum and required for graduation. 

The recently agreed-to compromise was supported by NAIFA-California and resulted in the proposed November ballot initiative being pulled by its sponsor NGPF Mission 2030, an affiliate of Next Gen Personal Finance. The Governor and Legislative leaders praised the compromise and expressed their strong support of ensuring students are given the life tools necessary to make sound financial decisions at a young age. Students will begin to see the curriculum in the 2027-28 school year. 

NAIFA-California’s advocacy win is NAIFA grassroots at its best.

Washington, D.C.—The American Council of Life Insurers (ACLI), National Association of Insurance and Financial Advisors (NAIFA), Finseca, Insured Retirement Institute (IRI) and National Association for Fixed Annuities (NAFA) issued the following statement on legislation passed by the U.S. House Appropriations Committee and the Education and the Workforce Committee to protect retirement savers from the Labor Department’s fiduciary-only regulation:
 
“The actions taken by the U.S. House Appropriations Committee and the Education and the Workforce Committee send a clear message that the Labor Department’s fiduciary-only regulation does not align with Congress’s efforts to expand retirement security for all Americans through the increased availability of lifetime income options. 
 
“In 2019 and 2022, Congress reaffirmed the importance of lifetime income when it passed legislation making it easier for employers to include annuities in workplace retirement plans. The fiduciary-only regulation is at odds with this progress. It restricts consumer access to professional financial guidance and options for protected lifetime income that annuities offer.

The U.S. District Court for the Northern District of Texas has issued a stay preventing the Centers for Medicare and Medicaid Services (CMS) from implementing a new rule changing compensation rules for professionals providing products and services related to Medicare Advantage and Medicare Part D programs. NAIFA is not a party to the lawsuits, Americans for Beneficiary Choice et al. v. the U.S. Department of Health and Human Services et al. and The Council for Medicare Choice et al. v. HHS et al., but has been an outspoken critic of the rule since it was first proposed.

So-called 529 plans are effective financial planning tools that help many families prepare for education-related costs. They allow tax-free withdrawals to pay “qualified education expenses.” Proposed legislation known as the “Education and Workforce Freedom Act,” which NAIFA supports, would significantly expand approved uses for 529 plan withdrawals and has been passed by the House Ways & Means Committee.