Class Action Lawsuit Against CMS

I'm seriously considering filing a class action lawsuit against
CMS for not reporting NPN's to the insurers so we can get paid. If any other agents are hearing the same excuses from carriers please let me know. I'm sick and tired of all the BS. We work our asses off to get paid only to be treated like crap. If you've had enough and want to do something about it please private message me.

Joe

The following is proof that if the insurance carrier does not care about giving you fair compensation there is not a lot you can do. CMS does not care. They have steps that we can follow but if the carrier does not want to give agents any assistance with resolving compensation issues there is not a lot you can do unless you get creative. I have been able to resolve some of my issues but it has been a long process. No thanks to CMS nor the carriers.
In the Mid-Atlantic states there are no agent broker services for Kaiser so the only method we have in our region is "Get in line on the consumer line"

Below you will see the response I got from them.

Original Message --------
Subject: [FWD: RE: CMS case number 2015-56386]
From: email deleted
Date: Fri, February 27, 2015 8:19 pm
To: [email protected]


I contacted Kaiser today because in the majority of the applications that I sent in this year whether it was done directly on Healthcare.gov using the consumer facing portal or a web broker portal my information keeps getting dropped from my clients applications. When I call the Marketplace for the ones we did using the three-way calls or using the consumer portal they say that my information is on the application. Some of the applications that I submitted through the web broker has my information and many do not. I cannot say the problem is the Marketplace nor the web broker portal because my information has been dropped using both methods. The web broker I used is called "Name Omitted" but there are many out there offering their services to agents for a price.

Kaiser directed me to the Marketplace to resolve the issue. They said that Kaiser could have us to have each client fill out a Broker of Record form and have each client sign it and turn them in to Kaiser. This is the procedure they used last year. The Marketplace said that if they choose not to allow me to do a Broker of Record Form and accept that as proof that I submitted the applications that I would need to do a three way call with all of my clients through the Marketplace and would need to go through the whole application process with each of them again so they can resend my information to the company. Since they said that the Broker of Record Form submitted to the company is an acceptable form of proof but they could not give me that statement in writing I would like to know if you could supply me with something that I can send to Kaiser.

I do not think it's fair that as agents we need to jump through so many hoops just to get something this simple done. I hope you can help me with this issue so it does not take me until October like it did last year to get fully paid. Other companies such as Aetna and CareFirst are accepting the Broker of Record Forms when agent information is not transferred properly to the carrier so I know it's not against the law. Thank you for considering this matter. Waiting for your response.


-------- Original Message --------
Subject: Incident #00049454 (Ref:IN:00049454)
From: FFM Producer-Assister Help Desk
< [email protected]>
Date: Mon, April 20, 2015 7:38 am
To: " email deleted"

Hello (Agents name),

CMS does not intervene in compensation matters between agents/brokers and issuers, including when an NPN does not appear on a particular 834 (i.e., enrollment record). Please refer to guidance documents on the CMS Agent/Broker Resource page to confirm CMS policies on those issues – Resources for Agents and Brokers in the Health Insurance Marketplaces - Centers for Medicare & Medicaid Services (e.g., "Role of Agents, Brokers, and Web-brokers" 11/7/14 and "Operational Tips" 11/12/14). The NPN information that appears on enrollments conducted by Web-brokers is based on the underlying code that facilitates the communication between the Web-broker andHealthCare.gov, not anything the agent or consumer enters on an application. The use of "Broker of Record" forms is not required or prohibited by CMS. Please confer with issuers to inquire as to whether they will accept such forms.

Thank you for contacting the Federally-facilitated Marketplaces (FFM) Producer and Assister Help Desk. If you need additional assistance, please do not hesitate to contact us again via e-mail at [email protected].

Thank you,

FFM Producer and Assister Help Desk Staff

(Ref:IN:00049454)
Important: Do not change the subject line while replying.

Feel the love.:no:
Funny thing is Kaiser has a sample Broker of Record form on their website for agents but when you click on it "the page does not exist". Plan B. Create your own.
 
Last edited:
What does this comment below mean exactly? And which WBE did you use?

The NPN information that appears on enrollments conducted by Web-brokers is based on the underlying code that facilitates the communication between the Web-broker andHealthCare.gov, not anything the agent or consumer enters on an application.
 
Hi Folks,

Moving forward I just want to say that I'm still very positive that agent/brokers will have a meaningful role in helping consumers find health insurance. People are more confused than ever and need guidance. I continue to see tremendous opportunity and really enjoy helping people get to where they need to be. The frustration comes in when you spend time and effort with no reward.

To my fellow GA's out there, its damn near impossible to bring a new agent in without a draw. Who can wait months and months to be paid? My son is studying risk management in college so we brought him in last election period and he did very well enrolling over 150. Not to shabby, problem is he's not getting paid and its a poor message to send. Would another agent actually believe me if I kept telling them sorry, your commissions haven't paid out but will eventually. Carriers say CMS isn't reporting NPN's but how is it the policy is in-force? Its the blame game and who's fooling who?

What can we do to change this problem?

Joe
 
Joe

I got paid on NONE of my Highmark plans this year. Highmark is requiring a signed BOR letter which is a real pain. I understand that Highmark lost an incredible number of npns this year. Sick.

Ha, If I told you how much money they owe you wouldn't believe me.

I actually love working with Highmark, unfortunately it takes forever to be paid. TOP Highmark GA's are working to have the BOR squashed as its not our responsibility to prove we made the sale. Ridiculous

----------

Stop selling On-Exchange Plans, just concentrate on off-exchange clients.

good one, 80 % of our business in On Ex
 
It's just odd that practically all of my npns were correctly transferred with all other carriers. Highmark's % was 0, which of course means it was their error. That's why I don't think a BOR should be needed but they already said no. Letters went out today.
 
What does this comment below mean exactly? And which WBE did you use?

The comment is gibberish. They don't even know what it means. I didn't include the Web Brokers names because they were not the source of the problem since all of my information transferred 100% to all of my other carriers no BOR required. The only explanation that I received so far is all of the Marketplace data goes through their mysterious third party biller who is safely hidden away from the access of the people who need the information and we need to wait for them to release it to the company. The pay is starting to trickle in slowly. Still missing a lot. Still have many clients list in space.
 
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