fbpx
2026 CMS Proposed Final Rule

2026 CMS Proposed Final Rule

2026 CMS Proposed Final Rule
j
Comments

The Potential Impact of CMS’s Proposed 2026 Medicare Rule on the Healthcare Ecosystem

The CMS 2026 proposed rule that might significantly change the Medicare ecosystem was released by the Centers for Medicare & Medicaid Services (CMS) on November 26, 2024. Although the rule’s stated goals are to improve access, transparency, and beneficiary protections, its implementation may put a heavy load on brokers and insurance carriers, which could very well cause further confusion for beneficiaries and cause disruptions throughout the Medicare industry. With an emphasis on the more stringent Medicare marketing regulations and their unforeseen repercussions, this blog examines the ramifications of these proposed changes.

Key Provisions of the 2026 CMS Proposed Rule

  1. Expanded Access to Medications
  • Coverage for anti-obesity drugs under Medicare Part D and Medicaid for individuals diagnosed with obesity, marking a shift in recognizing obesity as a chronic disease.
  1. Strengthened Prior Authorization Guardrails
  • Proposals include greater transparency in coverage criteria and tighter monitoring of utilization management practices, addressing longstanding concerns about access barriers.
  1. Enhanced Behavioral Health Access
  • Reduced cost-sharing for mental health and substance abuse services to align with Traditional Medicare, including zero cost-sharing for opioid treatment programs.
  1. Guardrails for Artificial Intelligence (AI)
  • New regulations require AI tools to be used in healthcare to ensure equitable treatment and prevent bias in patient care.
  1. Marketing and Communications Oversight
  • Stricter rules on marketing materials and agent/broker practices to protect Medicare beneficiaries from misleading advertisements.

Stricter Marketing Rules: A Closer Look

Key Changes Proposed

  1. Expanded Definition of Marketing
    • CMS seeks to broaden the definition of marketing materials to include general advertisements that mention Medicare options, even if they lack specific plan details. These would now require CMS review and approval.
  2. Increased Oversight of Advertisements
    • CMS received over 1,500 complaints about misleading ads in 2023. The proposed rule mandates pre-approval for more types of marketing materials, aiming to eliminate inaccurate or confusing claims. However, this expanded oversight could create bottlenecks and delays for carriers and agents who already face significant compliance burdens.
  1. Tighter Agent and Broker Requirements
    • Agents must cover additional topics with enrollees, including potential eligibility for Low-Income Subsidy programs and the impact of Medicare Advantage enrollment on Medigap guaranteed issue rights. While this aims to improve transparency, it risks overwhelming beneficiaries with excessive information, potentially leading to decision fatigue.
  2. Transparency in Marketing Practices
    • By broadening oversight, CMS intends to minimize aggressive marketing tactics. However, the increased scrutiny may discourage innovative and personalized marketing approaches that help beneficiaries understand their options.

Implications for Beneficiaries

  • Information Overload: While the intent is to empower beneficiaries, the added layers of compliance and disclosure may result in beneficiaries receiving more information than they can reasonably process, increasing confusion rather than clarity.
  • Reduced Access to Assistance: Stricter rules and higher compliance costs could deter agents and brokers from engaging with certain populations, potentially leaving vulnerable beneficiaries without adequate guidance.
  • Trust Erosion: If beneficiaries perceive the marketing process as overly complex, it could undermine their trust in Medicare programs and insurance providers.

Impact on Insurers and Marketing Organizations

  • Increased Compliance Burden: Insurers and third-party marketers will need to allocate more resources to ensure their materials comply with CMS requirements, potentially driving up costs that could be passed on to consumers.
  • Operational Disruptions: The need for CMS pre-approval on a wider range of materials may slow down marketing campaigns, limiting the ability to respond quickly to market needs or beneficiary questions.
  • Stifling Innovation: The expanded definition of marketing and heightened scrutiny could discourage creative approaches that effectively engage beneficiaries, leaving them with less engaging and less informative content.

Challenges in Implementation

  • Resource Constraints at CMS: Handling the increased volume of marketing materials for review will likely strain CMS’s resources, leading to delays and inefficiencies.
  • Industry Pushback: Insurers and brokers may resist these changes, citing increased costs and logistical challenges that could detract from their ability to serve beneficiaries effectively.

 

Broader Implications for the Medicare Ecosystem

For Beneficiaries

While the proposed rule aims to safeguard beneficiaries, the added complexity may inadvertently confuse them. Overly detailed disclosures and stricter marketing rules could overwhelm seniors and individuals with disabilities, making it harder to navigate plan options.

For Providers

Providers may face indirect consequences from these changes, particularly if insurers adjust their marketing and enrollment strategies in ways that impact patient access to care. For example, reduced engagement by agents could lead to fewer beneficiaries understanding how to access certain provider networks.

For Insurers

The proposed rule places a significant burden on insurers, who already operate in a highly regulated environment. Compliance costs and operational disruptions could lead to reduced flexibility, ultimately impacting the range and quality of plans offered.

For Policymakers

While the rule reflects CMS’s commitment to protecting beneficiaries, its implementation risks creating an overly complex system that may be difficult to manage effectively. Policymakers must balance the need for transparency with the risk of overregulation that stifles innovation and accessibility.

 Conclusion

In order to improve transparency and safeguard beneficiaries, the CMS proposed regulation for 2026 makes significant proposed changes. However, stricter marketing regulations and more stringent compliance standards might put a heavy load on agents and insurers, further confusing beneficiaries and upsetting the larger Medicare ecosystem. CMS must carefully assess the implementation problems and actively engage with industry stakeholders to guarantee that these reforms accomplish their intended goals without unforeseen consequences. Maintaining a viable and efficient Medicare system will require striking a balance between operational viability and beneficiary protections.

For more information, contact a Pinnacle Financial Services representative today 1 (800) 772-6881 x7731 | sales@pfsinsurance.com

vice President of Marketing

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881 support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail
CMS | Changes Medicare Disaster/Emergency SEP Process to no longer allow direct enrollments by agents.

CMS | Changes Medicare Disaster/Emergency SEP Process to no longer allow direct enrollments by agents.

CMS | Changes Medicare Disaster/Emergency SEP Process to no longer allow direct enrollments by agents.
Comments

Change to Beneficiary Use of the SEP for Individuals Affected by a Government Entity-Declared Disaster or Other Emergency

This memo announces a change to how beneficiaries can make an election using the Special Election Period for Individuals Affected by a Government Entity-Declared Disaster or Other Emergency (Disaster/Emergency SEP).

Beginning on April 1, 2025, individuals wishing to use the Disaster/Emergency SEP must call 1-800-MEDICARE in order to make an election. Medicare Advantage Organizations and Part DSponsors will no longer accept elections directly from beneficiaries using theDisaster/Emergency SEP. Plans will receive Disaster/Emergency SEP elections only viadownload from the Health Plan Management System (HPMS) Online Enrollment CenterManagement module.

This change is in response to concerns that have been raised by plans about the misuse of the Disaster/Emergency SEP to enroll beneficiaries who were not affected by a declared disaster/emergency.

This change will be effective for all enrollment requests with an application date on or after April 1, 2025. To avoid applicant confusion, plans must remove the Disaster/Emergency SEP from enrollment forms and other enrollment mechanisms prior to this date.

If a plan receives an application using the Disaster/Emergency SEP with an application date on or after April 1, 2025, the plan should treat the application as incomplete. The plan must reach out to the applicant to determine eligibility for another election period and to inform the applicant that they need to call 1-800-MEDICARE in order to use the Disaster/Emergency SEP. If the applicant is only eligible for the Disaster/Emergency SEP, the plan should deny the application for failure to provide the information to complete the application.

Plans should inform prospective applicants who may be eligible for the Disaster/Emergency SEP that they must call 1-800-MEDICARE in order to make an election under the Disaster/Emergency SEP. TTY users should call 1-877-486-2048. 2

For MARx submissions, the SEP reason code will remain “01,” however it will be moved to the “CMS approval required” group. For OEC crosswalk purposes, the S reason code via OEC will remain “DST.” Updates to the Plan Communication User Guide (PCUG) and more information from the MA-PD Help Desk will be released in the coming months. Additionally, we will update our model enrollment exhibits and descriptions of the SEP in the Medicare Advantage and Part D Enrollment and Disenrollment Guidance in 2025.

CMS will monitor OEC transactions and plan submissions in MARx to ensure plan compliance with this change.

Plan questions can be submitted to our mailboxes:

  • Enrollment and Eligibility Policy Mailbox: https://enrollment.lmi.org/deepmailbox
  • MA-PD Help Desk: mapdhelp@cms.hhs.gov
For more information, contact a Pinnacle Financial Services representative today 1 (800) 772-6881 x7731 | sales@pfsinsurance.com

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881 support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail
Medicare’s Hidden Struggles: Aligning Stakeholders for Better Healthcare Outcomes

Medicare’s Hidden Struggles: Aligning Stakeholders for Better Healthcare Outcomes

Medicare’s Hidden Struggles: Aligning Stakeholders for Better Healthcare Outcomes
j
Comments

We have seen over the past couple of years what seems to be very distinct and what many would call controversial actions in the Medicare Advantage and Part D world when it comes to funding, agents, marketing, and rules around the enormous government program of Medicare from the Centers of Medicare and Medicaid Services, CMS.  The changes, ambiguity, and lack of any consideration for the other stakeholders are creating a highly volatile and unsustainable market.

In giving some thought about it, imagine if CMS and, subsequently, the other Medicare stakeholders all participated in a collaborative system where all stakeholders had a mutually beneficial outcome.  How can this be, you might ask? Well, I give you the Prisoner’s Dilemma.

You have never heard of it, you say? Okay, let’s discuss. First, the Prisoner’s Dilemma is a classic concept in game theory that highlights the challenges of collaboration that can be used in all different scenarios, from business ventures to personal relationships and even a huge bureaucratic system like Medicare, where individual interests are at odds with a mutually beneficial outcome.

An example of the Prisoner’s Dilemma

Let’s first go over an example to see how it works.  You have two individuals, A and B, who are arrested for a crime. They are interrogated separately and offered a deal:

  • If one testifies against the other (defects) while the other remains silent (cooperates), the defector goes free, and the silent party receives a heavy penalty.  You have the best outcome for one party and the worst possible outcome for the other.  Certainly not mutually beneficial.
  • If both testify against each other and both “defect”, they both receive moderate penalties. Now, with both parties defecting, you have both parties getting a stiff negative result.
  • If both remain silent and “cooperate”, they both receive minimal penalties. They are now creating the best scenario for both parties.

Although the best collective result comes from cooperation, the fear of betrayal or the desire to do what is in one’s own personal best interest usually causes both sides to defect, producing less-than-ideal results for the parties involved. 

Stakeholders in the Medicare Advantage Ecosystem

In the context of Medicare Advantage sales, the primary stakeholders are:

  1. CMS (Centers for Medicare and Medicaid Services): Regulates the program, ensuring compliance, funding, and quality.
  2. Insurance Carriers: Develop and manage Medicare Advantage plans aiming to balance profitability, market competitiveness, and compliance.
  3. Insurance Agents: They facilitate enrollment by educating and advising consumers on plan selection.  They assist beneficiaries through the complexities of the plans to ensure Medicare recipients are in the best plan for their situation. Insurance agents are compensated for the expert guidance they provide by the insurance carriers through CMS-regulated commission payments.
  4. Consumers: Beneficiaries who rely on Medicare Advantage for affordable, quality healthcare that meets their needs and limits any out-of-pocket costs.

Each stakeholder has unique objectives, and without collaboration, their individual actions can unintentionally undermine the system’s effectiveness.

Challenges of the Status Quo

  1. Misaligned Interests:
    • CMS changes funding to the insurance carriers in an attempt to save money, making plans less competitive and more homogenous, creating less choice for the beneficiaries. In addition, CMS implements compliance hurdles for insurance agents in an attempt to keep plans from being marketed which causes less education to occur for the consumer.
    • Carriers may focus on profitability, potentially limiting plan benefits or access to care.  They can also make some plans non-commissionable to insurance agents in an attempt to cut costs and limit access to quality plans for consumers.
    • Agents might prioritize plans with commissions, which may not necessarily be the plan that is best suited to consumers.
    • Consumers, lacking full information and education, may choose plans that don’t meet their needs, leading to dissatisfaction and complaints.
  2. Communication:
    • Limited transparency and understanding between stakeholders can lead to inefficiencies, mistrust, and poor decision-making.  When one stakeholder starts to “defect” the trickle down to the other stakeholders begins.  Creating a scenario where all are operating in their own self-interests so that none are getting optimal results.
  3. Short-Term Thinking:
    • Without a shared vision, stakeholders might prioritize immediate gains over sustainable, long-term success.  In looking at the Prisoner’s Dilemma, the more the “game” is played, in Medicare you could look at years, with cooperation being the shared option selected by all the stakeholders, the better the long-term outcome is for all involved. 

A Collaborative Model for Success

To overcome these challenges, the stakeholders can foster a collaborative framework that encourages trust, transparency, and alignment of incentives among all.  Some thoughts on how this can occur:

  1. Data Transparency and Accountability:
    • CMS can have clear reporting standards for carriers on plan performance, agent compensation, and consumer satisfaction.  Star rating system, you would say, encompasses much of this.  The system needs to remain consistent year over year.
  2. Aligned Incentives:
    • CMS establishes regulations that reward carriers for delivering high-quality care and penalize subpar performance.  Consistent metrics that can be strengthened yearly.
    • Incentives for agents can focus on retention and consumer satisfaction in addition to enrollment volume.
    • Consumers can benefit from wellness programs and financial incentives tied to health outcomes.
  3. Education and Outreach:
    • CMS can lift marketing roadblocks so consumer education campaigns from agents can be more easily available, ensuring beneficiaries understand their options and make informed choices.
    • Carriers and agents can collaborate to provide consistent, unbiased guidance to consumers.
  4. Technology Integration:
    • Digital platforms can streamline communication between carriers, agents, and consumers, ensuring transparency and efficiency.
    • Predictive analytics can help carriers tailor plans to consumer needs, while agents can leverage tools to offer personalized advice.

Why Cooperation Matters

When stakeholders align their goals, the system delivers better outcomes for everyone:

  • CMS: Achieves its mandate of improving healthcare access, cost controls, and quality.
  • Carriers: Benefit from enhanced reputation with agent and consumer loyalty by being able to better predict costs and usage.
  • Agents: Build trust and long-term relationships with clients, creating a better model for education and retention.
  • Consumers: Receive the affordable, high-quality care they need, leading to better satisfaction and health outcomes. 

Conclusion

The Prisoner’s Dilemma reminds us that acting in isolation or prioritizing self-interest leads to inefficiencies and dissatisfaction. By fostering collaboration through transparency, aligned incentives, and shared accountability, Medicare Advantage becomes a model of efficiency in healthcare.

Through this cooperative approach, Medicare Advantage can be a true win-win for all stakeholders—making quality healthcare not just a possibility but a shared reality.

For more information, contact a Pinnacle Financial Services representative today 1 (800) 772-6881 x7731 | sales@pfsinsurance.com

Vice President of Marketing

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881 support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail
Webinar | Firelight Annuity E-App Available Now!

Webinar | Firelight Annuity E-App Available Now!

Firelight Annuity E-App Available Now!

There’s no need to log into multiple carrier websites to submit your e-applications anymore as Firelight can be accessed directly through Pinnacle’s website! With many of Pinnacle’s core annuity carriers integrated, the Pinnacle website is a one-stop shop for managing your annuity business.
Benefits of Firelight include:
– Guarantees access to the most up-to-date and accurate forms
– Enables you to submit your business efficiently, ensuring faster processing and quicker payments.
– Facilitates the swift and easy signature collection, eliminating the need for multiple client visits
Webinar | Firelight Annuity E-App Available Now!

Webinar | OEP Lead Opportunities

OEP Lead Opportunities

Now that AEP is over, 2025 OEP is right around the corner! With all of the uncertainty surrounding IRA, it’s important to also have lead opportunities you can use that are cost-effective and have quick turnaround times. In this webinar, we will discuss the following options:
– Digital/Social Media Leads
– Direct Mail
– Preset Appointments
– Important Rules and Regulations