Title: A bill to amend title XVIII of the Social Security Act to exclude independent agents and brokers from requirement to record calls with beneficiaries under the Medicare Advantage and Prescription Drug Benefit programs.
Policy area: Health

Summary:
This bill provides that independent agents and brokers who are contracted to market Medicare Advantage or Medicare prescription drug benefit plans do not have to record calls with beneficiaries.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5149 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5149

To amend title XVIII of the Social Security Act to exclude independent 
agents and brokers from requirement to record calls with beneficiaries 
  under the Medicare Advantage and Prescription Drug Benefit programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 30 (legislative day, November 29), 2022

 Mr. Rounds (for himself and Mr. Risch) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to exclude independent 
agents and brokers from requirement to record calls with beneficiaries 
  under the Medicare Advantage and Prescription Drug Benefit programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCLUDING INDEPENDENT AGENTS AND BROKERS FROM REQUIREMENT TO 
              RECORD CALLS WITH BENEFICIARIES UNDER MEDICARE ADVANTAGE 
              AND PRESCRIPTION DRUG BENEFIT PROGRAMS.

    (a) Medicare Advantage Program.--Section 1851(h) of the Social 
Security Act (42 U.S.C. 1395w-21(h)) is amended by adding at the end 
the following new paragraph:
            ``(8) Exclusion of independent agents and brokers from 
        requirement to record calls with beneficiaries.--The 
        requirement described in paragraph (g)(2)(ii) of section 
        422.2274 of title 42, Code of Federal Regulations, or any 
        successor regulation (relating to recording calls with 
        beneficiaries), shall not apply to an agent or broker appointed 
        in accordance with paragraph (7)(A).''.
    (b) Prescription Drug Benefit Program.--Section 1860D-4(l) of the 
Social Security Act (42 U.S.C. 1395w-104(l)) is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively, and indenting 
        appropriately;
            (2) by striking ``Activities.--The following provisions'' 
        and inserting ``Activities.--
            ``(1) In general.--The following provisions''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Exclusion of independent agents and brokers from 
        requirement to record calls with beneficiaries.--The 
        requirement described in paragraph (g)(2)(ii) of section 
        423.2274 of title 42, Code of Federal Regulations, or any 
        successor regulation (relating to recording calls with 
        beneficiaries), shall not apply to an agent or broker appointed 
        in accordance with section 1851(h)(7)(A), as applied under 
        paragraph (1)(D).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to plan years beginning on or after January 1, 2023.
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