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The other thing that I have actually seen is a senior populace that depends on the provision of healthcare services-- any threat to that is very frightening for them. When you incorporate those 2 with each other-- the concern that numerous elders have actually associated with their continued stipulation of medical care insurance coverage, and also their susceptability also, this type of marketing hits in a particularly unsafe location.

Ms. Block, in a front-page post in the May 7th New York Times, you were estimated as claiming, worrying Medicare Advantage sales and also marketing, that, quote, "Service providers and also people with Medicare plainly do not comprehend this item," unquote. I would certainly like to ask you what you meant by that remark and what is CMS doing to make certain that beneficiaries and also insurance coverage- sales agents do recognize the Medicare Advantage item before they purchase it.

Well, the remark was addressed particularly to the exclusive fee-for-service item and not the Medicare Advantage item, in basic. I truly think that several people, including service providers, as well as recipients, have found the personal fee-for-service product puzzling.

We have added some really certain demands, including documentation of training programs by the strategies and also disclaimer statements. I even have some examples with me of drafts of what those declarations will certainly look like - Medicare agent Huntington NY. These declarations, which are for both beneficiaries and carriers, clarify very clearly what an exclusive fee-for-service strategy is as well as, a lot more importantly, what it is not, which is what I assume is what confuses beneficiaries.

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We are also calling for every one of the strategies to do callbacks to individuals that register in among the private fee-for-service strategies to make certain that, in reality, they, to start with, in fact selected that plan-- that they actually signed the application-- and after that, 2nd, that they genuinely understand the provisions of the product they have actually bought which they really intend to be in that plan due to the fact that they believe it fulfills their requirements.

Thanks. Senator Smith. Senator Smith. Thanks, Mr. Chairman. Ms. Block, thank you once more for being right here. I think we will learn through members of the second panel that States are annoyed by the preemption provision in the Medicare Modernization Act. This bans them from doing something about it click now versus Medicare plans in their States that might be participated in inappropriate and also often-illegal advertising and marketing as well as enrollment activities.

With this in mind, is there worth in considering rolling back the preemption policies, producing a much better collaboration in between the States and also CMS; or, at a minimum, improving the State appointment legislations? Ms. Block. Well, I can't tell you exactly how crucial I believe it is that CMS as well as the States function carefully with each other.

We understand that we share the concern for the well- being of Medicare beneficiaries. Because of that, we collaborated with the National Association of Insurance coverage Commissioners to establish the Memorandum of Recognizing, which, Source currently, will certainly aid us to connect far better, to share details, to ensure that each of us is standing up our end in regards to what requires to be done to make one hundred percent sure-- as well as you will hear time and again today-- and I said it at the last hearing that I was at-- there is absolutely no resistance for Medicare recipients being tricked by any means regarding the products that they are being sold.

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Does the Medicare Memorandum of Recognizing-- is that adequate, or do we require to roll back this preemption arrangement? I assume that the Memorandum of Comprehending demands to be given an opportunity to work.

We have a team functioning carefully with the NAIC to overcome exactly how this is mosting likely to work in regards to processes, treatments and so on. I visit here believe that, plainly-- and I understand the contrast has been made to Medigap and the State guidance of Medigap. Nonetheless, Medigap is something that beneficiaries acquired with their own money.

So I believe it is vital that the Federal Government keep supervision and also oversight of those plans. They are our specialists. There are huge amounts of Federal funds entering into that program. It is a Government program. I assume we require to work as carefully as possible with the States, and I can not emphasize that enough.

Ms. Block. I understand that there has actually been some complication about the consultation regulations as well as, also, I recognize that some of the plans actually do consultations voluntarily.

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But the crucial point, I think, is that this is a Government program as well as we wish to work as very closely as possible with the systems that we have established to do this jointly with the States in such a way that, essentially, accomplishes our common goal, which is to protect the recipients.

Well, one strategy that I believe is affirming today has a passage from a paper that reviews, "Currently is the time to sell aggressively. Well, definitely, agents are needed to be able to respond to recipients' questions, and also that is the point of the documented training. It is definitely vital that everyone that is out there marketing this item-- whether the representative is in fact used by the strategy or whether it is an agreement broker or representative-- very first of all, understands the Medicare rules clearly and, second, fully recognizes the item that they are marketing.

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