Well, maybe they held off until after Medicarians, but the Senate has confirmed Dr. Mehmet Oz as the new head of the Center for Medicare and Medicaid Services (CMS).
Dr. Oz is probably most known for hosting a daytime TV-show. But, he is now in charge of the CMS and its substantial budget which equates to over 20 percent of federal outlays. Importantly, for TCPAWorld readers, CMS also is the primary regulator for the marketing of Medicare Advantage (MA) and Part D plans.
Dr. Oz has been vocal in his support for Medicare Advantage in the past and could work to make the MA process better for consumers. However, during his confirmation hearing, he did note that “We’re actually apparently paying more for Medicare Advantage than we’re paying for regular Medicare. So it’s upside down”.
With a proposed final rule still waiting to be finalized, it will be interesting to see how Dr. Oz’s leadership of the organization will affect agencies and marketers. One area of interest will be the finalization of the expansion of CMS’s oversight of “marketing” under the MA and Part D plans which will be bring even more advertising materials under the purview of CMS for review and approval. Prior to this proposed rule, whether a MA or Part D “communication” counted as “marketing” depended on two things: its content and its intent. “Content” meant it had to include details about plan benefits, costs, ratings, or MA-specific rewards.
Now, CMS is proposing a shift. They want to drop the content requirement entirely. If this rule is finalized, the only thing that will matter is the “intent” behind the communication. Does the communication intend to influence the consumer’s enrollment decision? CMS will figure this out by looking at objective factors like the audience and the message itself, not just the plan’s stated purpose. The expectation is that this will significantly increase the amount of materials that plans will need to submit for CMS review, leading to more comprehensive oversight of Medicare marketing.
Maybe under Dr. Oz’s leadership this rule will get another look. One thing is for certain, as Dr. Oz pointed out at his hearing, “There’s a new sheriff in town.”