S. 2625

119th CONGRESS 1st Session

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 · Sponsor: Mr. Rounds · Committee: Committee on Finance

Table of contents

• SEC. 1. Short title
• SEC. 2. Required rulemaking proceedings
• SEC. 3. Nullification of 48-hour waiting period requirement for independent agents and brokers
• SEC. 4. Inspector General review and report on predatory call centers

SEC. 1. Short title

This Act may be cited as the or the "Independent Broker Relief and Oversight of Knowingly Egregious and Repetitive Sales Tactics In Medicare Enrollment Act of 2025" or "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) The Secretary of Health and Human Services (in this section referred to as the ) shall conduct a rulemaking proceeding with respect to the definition of third-party marketing organization to— "Secretary" (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) 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) 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.