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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1A CONCURRENT RESOLUTION urging Congress to give state
2insurance regulators authority over Medicare Advantage plans.
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4WHEREAS, On July 30, 1965, President Lyndon B. Johnson signed
5Medicare into law to be administered by the Federal Government; and
6WHEREAS, The Kansas legislature in 1981 passed a statute requiring the
7Kansas Insurance Commissioner to regulate and establish specific
8standards for Medicare supplement policies delivered or issued for
9delivery in the state of Kansas; and
10WHEREAS, The Balanced Budget Act of 1997 created Medicare Part C,
11known now as Medicare Advantage; and
12WHEREAS, The Medicare Prescription Drug, Improvement, and
13Modernization Act of 2003, also known as the Medicare
14Modernization Act, created Medicare Part D but also limited the
15authority of states to oversee Medicare Advantage plans; and
16WHEREAS, Since the implementation of the Medicare Modernization
17Act and because of the lack of state oversight, state departments of
18insurance, state health insurance programs and consumer advocacy
19organizations have reported patterns of overly aggressive, deceptive
20and abusive marketing and sales practices in the Medicare private plan
21marketplace; and
22WHEREAS, There have been complaints made to the state insurance
23departments, including Kansas, regarding misrepresentations in the
24marketing and sales of Medicare Advantage plans, particularly Private
25Fee-for-Service plans, including misrepresentations about provider
26networks, provider acceptance of plans, reimbursements, benefits,
27premiums and other features; and
28WHEREAS, The sale of Medicare Advantage plans often involves
29aggressive sales tactics that include the attempt to sell additional non-
30Medicare related products to seniors and vulnerable adults; and
31WHEREAS, The State of Kansas, along with the other 49 states, are
32unable to assist consumers in such matters, because their hands are
33tied due to the passage of the Medicare Modernization Act; and
34WHEREAS, The Centers for Medicare and Medicaid Services, which are
35charged with the regulation of Medicare Advantage plans, have failed
1in their duty to regulate the advertising of Medicare Advantage plans
2and protect the most vulnerable Kansans: Now, therefore,
3Be it resolved by the House of Representatives of the State of Kansas, the
4Senate concurring therein: That we urge Congress to give state
5insurance regulators authority over Medicare Advantage plans,
6because state-based regulation is more efficient and effective at
7protecting the citizens of Kansas; and
8Be it further resolved: That we urge Congress to conclude that states are
9better equipped to oversee Medicare plans and protect vulnerable
10populations from abusive and fraudulent marketing and advertising of
11Medicare Advantage plans, just as they oversee other health plans; and
12Be it further resolved: That we urge Congress to pass legislation that
13allows states to enforce their own marketing and consumer disclosure
14laws and regulations on Medicare plans; and
15Be it further resolved: That the Secretary of State shall send enrolled
16copies of this resolution to the Speaker of the United States House of
17Representatives, the President Pro Tempore of the United States
18Senate and the Kansas Department of Insurance.
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