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