[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2625 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2625
To require the Secretary of Health and Human Services to carry out
certain activities relating to the regulation of independent agents and
brokers and third-party marketing organizations under parts C and D of
the Medicare program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2025
Mr. Rounds (for himself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To require the Secretary of Health and Human Services to carry out
certain activities relating to the regulation of independent agents and
brokers and third-party marketing organizations under parts C and D of
the Medicare program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Broker Relief and
Oversight of Knowingly Egregious and Repetitive Sales Tactics In
Medicare Enrollment Act of 2025'' or the ``Independent BROKERS TIME Act
of 2025''.
SEC. 2. REQUIRED RULEMAKING PROCEEDINGS.
(a) Updating the Definition of a Third-Party Marketing Organization
(TPMO) Under Parts C and D of the Medicare Program.--
(1) Definition.--
(A) In general.--The Secretary of Health and Human
Services (in this section referred to as the
``Secretary'') shall conduct a rulemaking proceeding
with respect to the definition of third-party marketing
organization to--
(i) address how to distinguish between a
third-party marketing organization and an
independent agent or broker for purposes of
applying regulatory requirements under sections
422.2274(g)(2)(ii) and 423.2274(g)(2)(ii) of
title 42, Code of Federal Regulations (or any
successor regulation); and
(ii) determine the factors that should be
taken into consideration when regulating
various agent and broker entities.
(B) Requirements.--
(i) Third-party marketing organizations.--
In carrying out subparagraph (A), the Secretary
shall--
(I) take into account whether
third-party marketing organizations
include call centers that are not
physically located in the continental
United States, publicly traded
marketing companies, private equity
financed marketing companies, and
companies that generate the majority of
their revenue by generating leads; and
(II) ensure that the lead
generation aspects of third-party
marketing organizations are held to
licensed insurance agent compliance
standards.
(ii) Independent agents and brokers.--In
carrying out subparagraph (A), the Secretary
shall take into account that independent agents
and brokers include individuals who enroll and
service clients, insurance agencies that
represent multiple carriers, public agencies,
and privately held agencies that in effect are
variable cost sales offices for the carriers.
(b) Oversight of Predatory Call Centers.--The Secretary shall
conduct a rulemaking proceeding to amend section 420.405 of title 42,
Code of Federal Regulations (or any successor regulation), to provide
for a monetary reward to individuals who submit information on call
centers engaging in, or that have engaged in, marketing scams related
to the Medicare program.
(c) Standardized Registration Process for Independent Agents and
Brokers.--The Secretary shall conduct a rulemaking proceeding to--
(1) require that PDP sponsors under part D of the Medicare
program and MA organizations under part C of such program
provide a standardized registration process for independent
agents and brokers;
(2) ensure that such standardized registration process
includes a transparent mechanism to distinguish independent
agents and brokers from third-party marketing organizations;
and
(3) reduce regulatory burdens facing independent agents and
brokers with respect to existing customers versus new business.
(d) Application.--
(1) Procedures.--In conducting the rulemaking proceeding
under each of subsections (a), (b), and (c), the Secretary
shall--
(A) publish a notice in the Federal Register;
(B) establish a comment period to allow interested
persons to submit written data, views, and arguments
for at least a 90-day period beginning on the date on
which the notice is published in the Federal Register;
and
(C) make all such submissions publicly available.
(2) Timing.--The Secretary shall issue a final rule to
complete the rulemaking proceeding under each of subsections
(a), (b), and (c) not later than 1 year after the date of
enactment of this section.
(3) Review.--Any review of the rulemaking proceeding under
subsection (a), (b), or (c) that is conducted by the Office of
Information and Regulatory Affairs in accordance with Executive
Order 12866 shall be limited to 60 days.
SEC. 3. NULLIFICATION OF 48-HOUR WAITING PERIOD REQUIREMENT FOR
INDEPENDENT AGENTS AND BROKERS.
Section 1851(j)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
21(j)(2)(A)) is amended--
(1) by striking ``appointments.--The scope of'' and
inserting ``appointments.--
``(i) In general.--Subject to clause (ii),
the scope of''; and
(2) by adding at the end the following new clause:
``(ii) Nullification of 48-hour waiting
period requirement for independent agents and
brokers.--The Secretary shall not take any
action to enforce an extended waiting period
(including the 48-hour waiting period described
in sections 422.2264(c)(3)(i) and
423.2264(c)(3)(i) of title 42, Code of Federal
Regulations (or any successor regulation)) or
require a specific period of time to pass
between a Scope of Appointment agreement and an
independent agent or brokers meeting with a
Medicare beneficiary.''.
SEC. 4. INSPECTOR GENERAL REVIEW AND REPORT ON PREDATORY CALL CENTERS.
(a) Review.--The Inspector General of the Department of Health and
Human Services (in this section referred to as the ``Inspector
General'') shall conduct a review of potentially fraudulent or
misleading marketing practices of predatory call centers that are
related to the Medicare program.
(b) Report.--Not later than 1 year after the date of enactment of
this section, the Inspector General shall submit to Congress a report
containing the results of the review conducted under subsection (a),
together with recommendations for such legislation and administrative
action as the Inspector General determines appropriate.
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