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Steinlaw
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I enroll senior citizens in Medicare Advantage plans and have

Resolved Question:

I enroll senior citizens in Medicare Advantage plans and have a question on rules they put on agents.They do not allow agents to:
1-Cold Call potential clients
2-Go door to door
3-If selling a life policy and the client wants to enroll in a Medicare Advantage we must go back 48 hours later
4-and now CMS is using taxpayers dollars to advertise on TV telling Seniors to only show their Medicare card to their doctor. We have to see the card to enroll them in a Medicare Advantage plan per CMS???
My question is, Is there not some kind of "right" they are violating virtually making up laws to stop Medicare Advantage? Can a class action lawsuit be filed by insurance agents against CMS
Submitted: 4 years ago.
Category: Legal
Expert:  Fran-mod replied 4 years ago.

My name is Francine, and I’m a Moderator for JustAnswer.

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Customer: replied 4 years ago.
I still need an answer.
Expert:  Fran-mod replied 4 years ago.

Hello,

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Fran

Expert:  Steinlaw replied 4 years ago.
Just so I am clear: you are an agent and you want to see if there is a problem with what CMS is doing?
Customer: replied 4 years ago.
yes
Expert:  Steinlaw replied 4 years ago.
It is smart to look into this.

Unfortunately, CMS is allowed to do this. The regulations for Medicare advantage plans are written by Medicare. They have the right to write them in any way that fairly interprets the law. There is a public comment period where they can be challenged. I can't find anything that shows that anyone challenged these. You could pull the Federal Register and look but I don't think you will find anything. Since they were not challenged, there is a presumption that they are fair. Therefore, you would almost certainly lose any challenge.

Sorry!
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience: 8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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