GAO Finds Gaps In Medicare Advantage Plan Marketing Data

January 18, 2010 at 07:00 PM
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WASHINGTON BUREAU — Federal regulators responded to concerns about allegations of inappropriate marketing practices at 73 Medicare Advantage plan sponsors during a 4-year period that ended in early 2009, according to U.S. Government Accountability Office officials.

The enforcement actions affected more than a third of the Medicare Advantage plan sponsors, GAO officials write in a new report.

In some cases, the Centers for Medicare and Medicaid Services, the agency that oversees the Medicare Advantage program, simply sent warning letters or initial notices of noncompliance. In other cases, CMS imposed fines or marketing suspensions.

The GAO found little information about the number of enrollees affected by the alleged cases of inappropriate marketing: CMS once conducted a survey that collected information on reasons for Medicare plan disenrollment, but CMS dropped the survey in 2005.

If CMS were still conducting the survey, the survey could have provided important information about whether there is a link between inappropriate marketing and disenrollment, GAO officials write. CMS officials say they plan to bring back the disenrollment survey this summer.

The GAO found evidence that inappropriate marketing caused lingering problems for some enrollees.

CMS provided special plan switching periods for some enrollees, so that the enrollees would not have to wait for the regular, twice-yearly open-enrollment periods. But some enrollees still ran into financial problems, or access-to-care problems, as a result of inappropriate marketing, GAO officials write.

Some enrollees suffered financial hardships when they dropped out of Medicare Advantage plans but the plans continued to withhold premiums from their Social Security benefits, officials write.

The GAO report was prepared at the request of Rep. Pete Stark, D-Calif., chairman of the Health Subcommittee of the House Ways and Means Committee.

Stark, a critic of the Medicare Advantage program, has been working to cut federal spending on enrollees in the program to the same amount that the government spends on enrollees in the traditional Medicare program.

The GAO report "reaffirms that private insurance companies won't behave without the government holding them accountable," Stark says in a statement. "The Obama administration is making improvements on the dismal oversight record of the Bush administration, and this report shows that more can be done."

Both H.R. 3962, the House health bill, and H.R. 3950, the Senate health bill, would reduce federal payments to Medicare Advantage plans. Stark says H.R. 3962 includes another provision that would fight marketing abuses by expanding the definition of "marketing violations" and letting states enforce Medicare Advantage program marketing rules.

America's Health Insurance Plans, Washington, has argued that cuts in Medicare Advantage program funding would hurt enrollees.

"We strongly supported recent legislation to strengthen federal oversight of marketing for Medicare Advantage plans," AHIP spokesman Robert Zirkelbach says of the new GAO report.

The "vast majority of seniors are satisfied with their Medicare Advantage plans and the additional benefits and services these plans provide," Zirkelbach says.

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