Captive Agent CMS Guidance

Dec 22, 2008

  1. AgentOrange
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    AgentOrange Super Genius

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    what's up guys, I hope everybody's AEP is going well. I came across some CMS guidance Im not sure of and seeing if anyone got this clarified before I start askin my FMO ( as being Im sure they will lie to me ).

    In a guidance Doc from October 17th it states 2 interesting things that apply to me personally on commissions and overrides.

    Compensation​
    CMS would like to clarify these points regarding the MIPPA Agent / Broker compensation​
    guidance:

    • ​
    It applies only to agents / brokers who make the sale and not to administrative or
    management staff who might be paid an administrative fee for scheduling, processing or

    managing the sale.

    and

    • ​
    CMS does not differentiate between agents, brokers, general agents, general agencies,
    distribution partners, employees, etc. It is the Medicare plan's responsibility to ensure

    that all of their contracted sales staff's compensation levels abide by the new MIPPA

    Questions:

    Is my FMO allowed to take any over ride from any commission earned for a med advantage sale ? If so how can they get around this guidance ?

    And does this guidance supercede any contract I or agent I recruited signed ?


    http://www.cms.hhs.gov/HealthPlansGenInfo/Downloads/Additionalmarketingguidanceonregs-101708.pdf

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    I guess no one wants to touch this one ...
     
    Last edited: Dec 22, 2008
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