Kansas 2025-2026 Regular Session

Kansas House Bill HCR5013 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	House Concurrent Resolution No. 5013
3	3	By Representatives Sutton, Neighbor, Bryce, W. Carpenter, Francis, Hoheisel,
4	4	Howe, Hoye, Humphries, Long, Minnix, Resman, C. Smith, Wasinger and White
5	5	3-12
6	6	A CONCURRENT RESOLUTION urging Congress to give state
7	7	insurance regulators authority over Medicare Advantage plans.
8	8	WHEREAS, On July 30, 1965, President Lyndon B. Johnson signed
9	9	Medicare into law to be administered by the Federal Government; and
10	10	WHEREAS, The Kansas legislature in 1981 passed a statute requiring the
11	11	Kansas Insurance Commissioner to regulate and establish specific
12	12	standards for Medicare supplement policies delivered or issued for
13	13	delivery in the state of Kansas; and
14	14	WHEREAS, The Balanced Budget Act of 1997 created Medicare Part C,
15	15	known now as Medicare Advantage; and
16	16	WHEREAS, The Medicare Prescription Drug, Improvement, and
17	17	Modernization Act of 2003, also known as the Medicare
18	18	Modernization Act, created Medicare Part D but also limited the
19	19	authority of states to oversee Medicare Advantage plans; and
20	20	WHEREAS, Since the implementation of the Medicare Modernization
21	21	Act and because of the lack of state oversight, state departments of
22	22	insurance, state health insurance programs and consumer advocacy
23	23	organizations have reported patterns of overly aggressive, deceptive
24	24	and abusive marketing and sales practices in the Medicare private plan
25	25	marketplace; and
26	26	WHEREAS, There have been complaints made to the state insurance
27	27	departments, including Kansas, regarding misrepresentations in the
28	28	marketing and sales of Medicare Advantage plans, particularly Private
29	29	Fee-for-Service plans, including misrepresentations about provider
30	30	networks, provider acceptance of plans, reimbursements, benefits,
31	31	premiums and other features; and
32	32	WHEREAS, The sale of Medicare Advantage plans often involves
33	33	aggressive sales tactics that include the attempt to sell additional non-
34	34	Medicare related products to seniors and vulnerable adults; and
35	35	WHEREAS, The State of Kansas, along with the other 49 states, are
36	36	unable to assist consumers in such matters, because their hands are
37	37	tied due to the passage of the Medicare Modernization Act; and
38	38	WHEREAS, The Centers for Medicare and Medicaid Services, which are
39	39	charged with the regulation of Medicare Advantage plans, have failed
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75	75	in their duty to regulate the advertising of Medicare Advantage plans
76	76	and protect the most vulnerable Kansans: Now, therefore,
77	77	Be it resolved by the House of Representatives of the State of Kansas, the
78	78	Senate concurring therein: That we urge Congress to give state
79	79	insurance regulators authority over Medicare Advantage plans,
80	80	because state-based regulation is more efficient and effective at
81	81	protecting the citizens of Kansas; and
82	82	Be it further resolved: That we urge Congress to conclude that states are
83	83	better equipped to oversee Medicare plans and protect vulnerable
84	84	populations from abusive and fraudulent marketing and advertising of
85	85	Medicare Advantage plans, just as they oversee other health plans; and
86	86	Be it further resolved: That we urge Congress to pass legislation that
87	87	allows states to enforce their own marketing and consumer disclosure
88	88	laws and regulations on Medicare plans; and
89	89	Be it further resolved: That the Secretary of State shall send enrolled
90	90	copies of this resolution to the Speaker of the United States House of
91	91	Representatives, the President Pro Tempore of the United States
92	92	Senate and the Kansas Department of Insurance.
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