Medicare Managed Care Marketing Reboot Imperiled by Legal Fight

A trio of legal challenges have staggered—and threaten to topple—an HHS rule that restricts compensation for field marketing organizations that provide back-office support for independent insurance agents and brokers.

Each of the complaints claims the Centers for Medicare & Medicaid Services overstepped its statutory authority by finalizing the rule in April. If the rule is overturned by the courts, the Biden administration will have to find a new way to make sure financial incentives from Medicare Advantage plans don’t cause agents, brokers, and field marketing organzations (FMOs) to steer potential enrollees into plans that don’t meet their needs.

Revamping Medicare ...