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which the individual was eligible to enroll in such a 
Medicare Part C plan offered by the organization. 
(d) 
ANNUAL
REBASING
OF
FEE-FOR-SERVICE 
RATES.—Section 1853(c)(1)(D)(ii) of the Social Security 
Act (42 U.S.C. 1395w–23(c)(1)(D)(ii)) is amended— 
(1) by inserting ‘‘(before 2009)’’ after ‘‘for sub-
sequent years’’; and 
(2) by inserting before the period at the end the 
following: ‘‘and for each year beginning with 2009’’. 
(e) REPEAL OF PPO STABILIZATION FUND.—Sec-
tion 1858 of the Social Security Act (42 U.S.C. 1395) is 
amended— 
(1) by striking subsection (e); and 
(2) in subsection (f)(1), by striking ‘‘subject to 
subsection (e),’’. 
Subtitle B—Beneficiary Protections 
SEC. 411. NAIC DEVELOPMENT OF MARKETING, ADVER-
TISING, AND RELATED PROTECTIONS. 
(a) IN GENERAL.—Section 1852 of the Social Secu-
rity Act (42 U.S.C. 1395w–22) is amended by adding at 
the end the following new subsection: 
‘‘(m) APPLICATION OF MODEL MARKETING AND EN-
ROLLMENT STANDARDS.— 
‘‘(1) IN GENERAL.—The National Association 
of Insurance Commissioners (in this subsection re-
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ferred to as the ‘NAIC’) is requested to develop, and 
to submit to the Secretary of Health and Human 
Services not later than 12 months after the date of 
the enactment of this Act, model regulations (in this 
section referred to as ‘model regulations’) regarding 
Medicare plan marketing, enrollment, broker and 
agent training and certification, agent and broker 
commissions, and market conduct by plans, agents 
and brokers for implementation (under paragraph 
(7)) under this part and part D, including for en-
forcement by States under section 1856(b)(3). 
‘‘(2) MARKETING GUIDELINES.— 
‘‘(A) IN GENERAL.—The model regulations 
shall address the sales and advertising tech-
niques used by Medicare private plans, agents 
and brokers in selling plans, including defining 
and prohibiting cold calls, unsolicited door-to- 
door sales, cross-selling, and co-branding. 
‘‘(B) 
SPECIAL
CONSIDERATIONS.—The 
model regulations shall specifically address the 
marketing— 
‘‘(i) of plans to full benefit dual-eligi-
ble individuals and qualified medicare 
beneficiaries; 
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‘‘(ii) of plans to populations with lim-
ited English proficiency; 
‘‘(iii) of plans to beneficiaries in sen-
ior living facilities; and 
‘‘(iv) of plans at educational events. 
‘‘(3) ENROLLMENT GUIDELINES.— 
‘‘(A) IN GENERAL.—The model regulations 
shall address the disclosures Medicare private 
plans, agents, and brokers must make when en-
rolling beneficiaries, and a process— 
‘‘(i) for affirmative beneficiary sign 
off before enrollment in a plan; and 
‘‘(ii) in the case of Medicare Part C 
plans, for plans to conduct a beneficiary 
call-back to confirm beneficiary sign off 
and enrollment. 
‘‘(B) 
SPECIFIC
CONSIDERATIONS.—The 
model regulations shall specially address bene-
ficiary understanding of the Medicare plan 
through required disclosure (or beneficiary 
verification) of each of the following: 
‘‘(i) The type of Medicare private plan 
involved. 
‘‘(ii) Attributes of the plan, including 
premiums, cost sharing, formularies (if ap-
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