119-s2625

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2625 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2625

 To require the Secretary of Health and Human Services to carry out 
certain activities relating to the regulation of independent agents and 
brokers and third-party marketing organizations under parts C and D of 
 the Medicare program, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 31, 2025

Mr. Rounds (for himself and Ms. Cortez Masto) introduced the following 
 bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

 A BILL

 To require the Secretary of Health and Human Services to carry out 
certain activities relating to the regulation of independent agents and 
brokers and third-party marketing organizations under parts C and D of 
 the Medicare program, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Independent Broker Relief and 
Oversight of Knowingly Egregious and Repetitive Sales Tactics In 
Medicare Enrollment Act of 2025'' or the ``Independent BROKERS TIME Act 
of 2025''.

SEC. 2. REQUIRED RULEMAKING PROCEEDINGS.

    (a) Updating the Definition of a Third-Party Marketing Organization

    (TPMO) Under Parts C and D of the Medicare Program.--

    (1) === Definition. ===
-
        (A) In general.--The Secretary of Health and Human 
 Services (in this section referred to as the 
 ``Secretary'') shall conduct a rulemaking proceeding 
 with respect to the definition of third-party marketing 
 organization to--
            (i) address how to distinguish between a 
 third-party marketing organization and an 
 independent agent or broker for purposes of 
 applying regulatory requirements under sections 
 422.2274

    (g)

    (2)
            (ii) and 423.2274

    (g)

    (2)
            (ii) of 
 title 42, Code of Federal Regulations (or any 
 successor regulation); and
            (ii) determine the factors that should be 
 taken into consideration when regulating 
 various agent and broker entities.
        (B) Requirements.--
            (i) Third-party marketing organizations.--
 In carrying out subparagraph
        (A) , the Secretary 
 shall--
            (I) take into account whether 
 third-party marketing organizations 
 include call centers that are not 
 physically located in the continental 
 United States, publicly traded 
 marketing companies, private equity 
 financed marketing companies, and 
 companies that generate the majority of 
 their revenue by generating leads; and
            (II) ensure that the lead 
 generation aspects of third-party 
 marketing organizations are held to 
 licensed insurance agent compliance 
 standards.
            (ii) Independent agents and brokers.--In 
 carrying out subparagraph
        (A) , the Secretary 
 shall take into account that independent agents 
 and brokers include individuals who enroll and 
 service clients, insurance agencies that 
 represent multiple carriers, public agencies, 
 and privately held agencies that in effect are 
 variable cost sales offices for the carriers.

    (b) Oversight of Predatory Call Centers.--The Secretary shall 
conduct a rulemaking proceeding to amend 

section 420.405 of title 42, 
Code of Federal Regulations (or any successor regulation), to provide 
for a monetary reward to individuals who submit information on call 
centers engaging in, or that have engaged in, marketing scams related 
to the Medicare program.
            (c) Standardized Registration Process for Independent Agents and 
Brokers.--The Secretary shall conduct a rulemaking proceeding to--

    (1) require that PDP sponsors under part D of the Medicare 
 program and MA organizations under part C of such program 
 provide a standardized registration process for independent 
 agents and brokers;

    (2) ensure that such standardized registration process 
 includes a transparent mechanism to distinguish independent 
 agents and brokers from third-party marketing organizations; 
 and

    (3) reduce regulatory burdens facing independent agents and 
 brokers with respect to existing customers versus new business.
            (d) Application.--

    (1) Procedures.--In conducting the rulemaking proceeding 
 under each of subsections

    (a) ,

    (b) , and
            (c) , the Secretary 
 shall--
        (A) publish a notice in the Federal Register;
        (B) establish a comment period to allow interested 
 persons to submit written data, views, and arguments 
 for at least a 90-day period beginning on the date on 
 which the notice is published in the Federal Register; 
 and
            (C) make all such submissions publicly available.

    (2) Timing.--The Secretary shall issue a final rule to 
 complete the rulemaking proceeding under each of subsections

    (a) ,

    (b) , and
            (c) not later than 1 year after the date of 
 enactment of this section.

    (3) Review.--Any review of the rulemaking proceeding under 
 subsection

    (a) ,

    (b) , or
            (c) that is conducted by the Office of 
 Information and Regulatory Affairs in accordance with Executive 
 Order 12866 shall be limited to 60 days.

SEC. 3. NULLIFICATION OF 48-HOUR WAITING PERIOD REQUIREMENT FOR 
 INDEPENDENT AGENTS AND BROKERS.

 

Section 1851

    (j)

    (2)
        (A) of the Social Security Act (42 U.S.C. 1395w-
21

    (j)

    (2)
        (A) ) is amended--

    (1) by striking ``appointments.--The scope of'' and 
 inserting ``appointments.--
 ``
            (i) In general.--Subject to clause
            (ii) , 
 the scope of''; and

    (2) by adding at the end the following new clause:
 ``
            (ii) Nullification of 48-hour waiting 
 period requirement for independent agents and 
 brokers.--The Secretary shall not take any 
 action to enforce an extended waiting period 
 (including the 48-hour waiting period described 
 in sections 422.2264
            (c) (3)
            (i) and 
 423.2264
            (c) (3)
            (i) of title 42, Code of Federal 
 Regulations (or any successor regulation)) or 
 require a specific period of time to pass 
 between a Scope of Appointment agreement and an 
 independent agent or brokers meeting with a 
 Medicare beneficiary.''.

SEC. 4. INSPECTOR GENERAL REVIEW AND REPORT ON PREDATORY CALL CENTERS.

    (a) Review.--The Inspector General of the Department of Health and 
Human Services (in this section referred to as the ``Inspector 
General'') shall conduct a review of potentially fraudulent or 
misleading marketing practices of predatory call centers that are 
related to the Medicare program.

    (b) Report.--Not later than 1 year after the date of enactment of 
this section, the Inspector General shall submit to Congress a report 
containing the results of the review conducted under subsection

    (a) , 
together with recommendations for such legislation and administrative 
action as the Inspector General determines appropriate.
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