Federal Court Blocks Medicare Agent Pay Cap Regulations

[Rossat]

Bringing this thread back to the topic...

I'm confused, and I've read through the injunction multiple times and the CMS final rule.

What's the court's/suit's aim here? Is it to claim the $100 isn't enough TO AGENTS or that FMO's are entitled to having a contract for administrative fees outside the ADDITIONAL $100 to agents.

When first reading this it sounds positive. The more I read it.... it seems the agent is getting screwed here (potentially taking away the $100) to benefit the FMO. Basically in order for the FMO's to make its case valid it had to undermine the extra monies to the agent as an arbitrary number.

Am I missing something?!

 

[Medicare bro]

Bringing this thread back to the topic...

I'm confused, and I've read through the injunction multiple times and the CMS final rule.

What's the court's/suit's aim here? Is it to claim the $100 isn't enough TO AGENTS or that FMO's are entitled to having a contract for administrative fees outside the ADDITIONAL $100 to agents.

When first reading this it sounds positive. The more I read it.... it seems the agent is getting screwed here (potentially taking away the $100) to benefit the FMO. Basically in order for the FMO's to make its case valid it had to undermine the extra monies to the agent as an arbitrary number.

Am I missing something?!

With the final rule as it stands right now the FMO's are set to lose millions of dollars. The biggest reason is that carriers cannot give FMO's anything to market for them. So it sounds like the FMO's want to get that money back by screwing the agent.

 

[n3417511]

All that the court is doing is stalling the change. That's all it is. More will come July 17 and I really don't think we will get a lot from that either. Again, the carriers will make the final call when it comes to the FMO. Agents commissions are tied into it all. Believe me… the intent was not to give us a raise and pay FMO exactly like it was. We all need to share in this not just the seniors

 

[axeman462]

71 yrs old and still working. Never had a W2. Self employed since high school.

love it, be sure to pass some of that wisdom down to your grandkids. working for yourself is the best way way to build wealth. And the best way to stay healthy in your 70's is to keep working.

during high school I mowed lawns and vacuumed pools in my neighborhood for money (working for myself not a company). After I graduated I got a job with a body shop painting cars for 10 years. In 2011 I got laid off. Even though I was almost immediately offered another job at another body shop, I hated the idea relying on someone else for an income.

Ever since then I been self employed, and will never look back.

 

[DonP]

Bringing this thread back to the topic...

I'm confused, and I've read through the injunction multiple times and the CMS final rule.

What's the court's/suit's aim here? Is it to claim the $100 isn't enough TO AGENTS or that FMO's are entitled to having a contract for administrative fees outside the ADDITIONAL $100 to agents.

When first reading this it sounds positive. The more I read it.... it seems the agent is getting screwed here (potentially taking away the $100) to benefit the FMO. Basically in order for the FMO's to make its case valid it had to undermine the extra monies to the agent as an arbitrary number.

Am I missing something?!

In a few sentences here's what it is . They used the agent . Hey court $100 for those hard working agents is not enough . We love the agent and he deserves more . Judge " your right " . The fmo doesn't give one damm about the agent . The fmo's goal is to stop the cms ruling and everything goes back like before !!! . No $100 for the agent and same money for fmo .But as n3417511 said in the end it's very possible the carriers wanted to use this to pivot away from the fmo's . Regardless of the ruling being struck down the carriers have final say on how much overrides

 

[MedicareWAA]

United and Humana can give 2 flying flips about the FEMA emergency SEP. They take it no questions asked regardless of whether a State has it or not.

In fairness I know hundreds of people in Georgia were just heartbroken when Jimmy Carter's wife died. (Real SEP) Don't forget the hundreds in Illinois hit card by monkeypox. (Also real) The great silver moneypox tsunami, they're calling it. And don't get me started on the droughts. (Real) On paper, thousands and thousands of poor farmers missed their chance to enroll but were saved by a caring agent who never gave up on them.

 

[MedicareWAA]

Bringing this thread back to the topic...

I'm confused, and I've read through the injunction multiple times and the CMS final rule.

What's the court's/suit's aim here? Is it to claim the $100 isn't enough TO AGENTS or that FMO's are entitled to having a contract for administrative fees outside the ADDITIONAL $100 to agents.

When first reading this it sounds positive. The more I read it.... it seems the agent is getting screwed here (potentially taking away the $100) to benefit the FMO. Basically in order for the FMO's to make its case valid it had to undermine the extra monies to the agent as an arbitrary number.

Am I missing something?!

The argument is that CMS didn't follow administrative rulemaking requirements when they finalized this stuff. They didn't respond to certain comments, they didn't consider them in good faith, they invented $100 out of thin air. Etc.

Those are the big ones. Sometimes you'll hear people argue CMS doesn't have the authority to make these rules. That's a weaker argument and this judge isn't ruling on it.

 

[sman]

1099 - Thursday I leave for my 6th trip since AEP ended and have golfed 36 times, mostly weekday afternoons.

W-2 - You have 15 vacation days to use this year. Plan accordingly.

I can't think of another profession that pays well over $100.00/hr whether I'm at work or sitting on a beach in Mexico.

You got me beat. I've only gone on 3 trips and played golf 34 times. I'll be at 36 by Wednesday. Playing tomorrow and Wednesday. I only play weekdays. And it's mornings (too hot in the afternoon). Weekends are for the wife and the pool.

No way all of this is possible as a W2 employee.

 

[sshafran]

It's pretty simple

I consistently write business. I've done it for years. Until about 2 yrs ago, I never got "marketing money."

I hate asking an FMO or carrier for money.

The extra $100/50 (MA) / $50 (PDP) would be good for those of us agents who are not squeaky wheels or social media personalities.

It really would keep it more level - get paid based off of production, not by winning the FMO lottery.

I'll be fine if it's gone. But it would be nice if it goes thru. No FMO is worth $60,000+ annually to me.

 

[DonP]

It's pretty simple

I consistently write business. I've done it for years. Until about 2 yrs ago, I never got "marketing money."

I hate asking an FMO or carrier for money.

The extra $100/50 (MA) / $50 (PDP) would be good for those of us agents who are not squeaky wheels or social media personalities.

It really would keep it more level - get paid based off of production, not by winning the FMO lottery.

I'll be fine if it's gone. But it would be nice if it goes thru. No FMO is worth $60,000+ annually to me.

Marketing money is paid off production . You're not doing substantial business you get little to nothing . Getting marketing money is no different than the guy making 80% of fe and finds there's 120-130% out there . It's no different than the fmo at 140% asking for 150% which he qualifies for. It's called being a good business man . When you buy real estate why don't you pay above ask for the house your looking to buy . Don't you usually make bids below the asking price ? Of course you do . Same thing