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I see where it states that for MA, but I don't see where it says that for Med Supp. Being "supplemental" insurance, I am not sure they would be subject to the 85% rule.
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With regards to MA, here is another perspective...
Much of the revenue for these policies comes directly from the government, not premiums. I would guess that half of the MAs in my local area are $0 premium policies, and the other policies certainly don't have high premiums (ranging from $29 - $100+). So when viewed as a group, my guess is that many of the companies are paying over 100% of premium dollars on claims. As a result, I would think they could still maintain commissions at a competitive rate.
Of course, I am no MA expert and this is just my personal speculation. I would love to hear what others think.
The premium includes what the government pays. It's really a non-issue for MA for a few reasons:
1. They are already required to have a high MLR, no big surprises there.
2. The average premium the government pays for the senior is around $10k/year. Even with a first year commission of $400 that's about 4% or less.
3. MA's are already having their commissions stipulated in ways that may or may NOT make sense, they've been dealing with "reform" for quite some time.
Also, I think $200 for selling someone who is not new to medicare with all of the regulations and marketing rules is nowhere near competitive. For less work you can sell a life policy that'll pay $600 and not have to worry about CMS stealing your first, third, and fifth born.