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

• S. 2625
  • 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 .

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
• (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—
    • 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;
    • ensure that such standardized registration process includes a transparent mechanism to distinguish independent agents and brokers from third-party marketing organizations; and
    • 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—
      • publish a notice in the Federal Register;
      • 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
      • 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 () is amended— 42 U.S.C. 1395w–21(j)(2)(A)
  • by striking and inserting “.—
    • (i) Subject to clause (ii), the scope of
    • (ii) 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.
  • by adding at the end the following new clause:

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 ) 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.