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--- version:As Introduced+++ version:(document, no version)@@ -150,142 +150,52 @@Search-HCR 5013›--HCR 5013 — As Introduced-Kansas Legislature-HCR 5013 — As Introduced+Supp Note Hcr5013 00 0000picture_as_pdfDownload PDFSession of 2025-House Concurrent Resolution No. 5013--By Representatives Sutton, Neighbor, Bryce, W. Carpenter, Francis, Hoheisel, Howe, Hoye, Humphries, Long, Minnix, Resman, C. Smith, Wasinger and White--3-12--1A CONCURRENT RESOLUTION urging Congress to give state--2insurance regulators authority over Medicare Advantage plans.--3--4WHEREAS, On July 30, 1965, President Lyndon B. Johnson signed--5Medicare into law to be administered by the Federal Government; and--6WHEREAS, The Kansas legislature in 1981 passed a statute requiring the--7Kansas Insurance Commissioner to regulate and establish specific--8standards for Medicare supplement policies delivered or issued for--9delivery in the state of Kansas; and--10WHEREAS, The Balanced Budget Act of 1997 created Medicare Part C,--11known now as Medicare Advantage; and--12WHEREAS, The Medicare Prescription Drug, Improvement, and--13Modernization Act of 2003, also known as the Medicare--14Modernization Act, created Medicare Part D but also limited the--15authority of states to oversee Medicare Advantage plans; and--16WHEREAS, Since the implementation of the Medicare Modernization--17Act and because of the lack of state oversight, state departments of--18insurance, state health insurance programs and consumer advocacy--19organizations have reported patterns of overly aggressive, deceptive--20and abusive marketing and sales practices in the Medicare private plan--21marketplace; and--22WHEREAS, There have been complaints made to the state insurance--23departments, including Kansas, regarding misrepresentations in the--24marketing and sales of Medicare Advantage plans, particularly Private--25Fee-for-Service plans, including misrepresentations about provider--26networks, provider acceptance of plans, reimbursements, benefits,--27premiums and other features; and--28WHEREAS, The sale of Medicare Advantage plans often involves--29aggressive sales tactics that include the attempt to sell additional non---30Medicare related products to seniors and vulnerable adults; and--31WHEREAS, The State of Kansas, along with the other 49 states, are--32unable to assist consumers in such matters, because their hands are--33tied due to the passage of the Medicare Modernization Act; and--34WHEREAS, The Centers for Medicare and Medicaid Services, which are--35charged with the regulation of Medicare Advantage plans, have failed--1in their duty to regulate the advertising of Medicare Advantage plans--2and protect the most vulnerable Kansans: Now, therefore,--3Be it resolved by the House of Representatives of the State of Kansas, the--4Senate concurring therein: That we urge Congress to give state--5insurance regulators authority over Medicare Advantage plans,--6because state-based regulation is more efficient and effective at--7protecting the citizens of Kansas; and--8Be it further resolved: That we urge Congress to conclude that states are--9better equipped to oversee Medicare plans and protect vulnerable--10populations from abusive and fraudulent marketing and advertising of--11Medicare Advantage plans, just as they oversee other health plans; and--12Be it further resolved: That we urge Congress to pass legislation that--13allows states to enforce their own marketing and consumer disclosure--14laws and regulations on Medicare plans; and--15Be it further resolved: That the Secretary of State shall send enrolled--16copies of this resolution to the Speaker of the United States House of--17Representatives, the President Pro Tempore of the United States--18Senate and the Kansas Department of Insurance.--19-- search-- keyboard_arrow_up-- keyboard_arrow_down-- Page 1-- Page 2+Supplemental note on HOUSE CONCURRENT RESOLUTION no. 5013++As Recommended by House Committee on Insurance++Brief*++HCR 5013, if adopted, would state its purpose is to urge Congress to give state insurance regulators authority over Medicare Advantage Plans.++The concurrent resolution would urge Congress to do the following:++● Give state insurance regulators authority over Medicare Advantage plans;++● Conclude that states are better equipped to oversee Medicare plans and protect vulnerable populations from abusive and fraudulent marketing and advertising of Medicare Advantage plans, just as states oversee other health plans; and++● Pass legislation that allows states to enforce their own marketing and consumer disclosure laws and regulations on Medicare plans.++The resolution contains whereas clauses stating because of the lack of state oversight, state departments of insurance, state health insurance programs, and consumer advocacy organizations have reported patterns of overly aggressive, deceptive, and abusive marketing and sales practices in the Medicare private plan marketplace, and complaints have been made to the state insurance departments, including Kansas, regarding misrepresentations in the marketing and sales of Medicare Advantage plans, particularly private fee-for-service plans, including misrepresentations about provider networks, provider acceptance of plans, reimbursements, benefits, premiums, and other features. The resolution contains a whereas clause stating the sale of Medicare Advantage plans often involves aggressive sales tactics that include the attempt to sell additional non-Medicare-related products to seniors and vulnerable adults.++The resolution also contains whereas clauses stating no state is able to assist consumers in such matters, because of provisions in the Medicare Modernization Act. The Centers for Medicare and Medicaid Services have failed in their duty to regulate the advertising of Medicare Advantage plans and to protect the most vulnerable Kansans.++The resolution would require the Secretary of State to send an enrolled copy of this resolution to the Speaker of the U.S House of Representatives, the President Pro Tempore of the U.S. Senate, and the Kansas Department of Insurance.++Background++The concurrent resolution was introduced by Representatives Sutton, Neighbor, Bryce, W. Carpenter, Francis, Hoheisel, Howe, Hoye, Humphries, Long, Minnix, Resman, C. Smith, Wasinger, and White.++House Committee on Insurance++In the House Committee hearing, proponent testimony was provided by a representative of the Kansas Insurance Department (Department), who indicated the resolution would support state-based regulation of insurance, enforce state marketing and consumer disclosure laws, and urge Congress to allow the Department to better protect Kansas consumers.++No other testimony was provided.++U.S. Congress; state insurance regulators; Medicare Advantage plans; Kansas Insurance Department; Secretary of State; medical insurance++____________________++*Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at https://klrd.gov/arrow_upwardTop@@ -346,4 +256,4 @@© 2026 Kansas State Legislature. All rights reserved.- Data updated 3 hours, 31 minutes ago · 4:26 AM 07/25/2026+ Data updated 5 hours, 20 minutes ago · 7:16 AM 07/28/2026
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