S. 5149 — Introduced in Senate

II 117th CONGRESS 2d Session S. 5149 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022Mr. Rounds (for himself and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to exclude independent agents and brokers from requirement to record calls with beneficiaries under the Medicare Advantage and Prescription Drug Benefit programs. 1. Excluding independent agents and brokers from requirement to record calls with beneficiaries under Medicare Advantage and Prescription Drug Benefit programs (a) Medicare advantage program Section 1851(h) of the Social Security Act (42 U.S.C. 1395w–21(h)) is amended by adding at the end the following new paragraph: (8) Exclusion of independent agents and brokers from requirement to record calls with beneficiaries The requirement described in paragraph (g)(2)(ii) of section 422.2274 of title 42, Code of Federal Regulations, or any successor regulation (relating to recording calls with beneficiaries), shall not apply to an agent or broker appointed in accordance with paragraph (7)(A). . (b) Prescription drug benefit program Section 1860D–4(l) of the Social Security Act (42 U.S.C. 1395w–104(l)) is amended— (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (2) by striking activities.—The following provisions and inserting “activities.— (1) In general The following provisions ; and (3) by adding at the end the following new paragraph: (2) Exclusion of independent agents and brokers from requirement to record calls with beneficiaries The requirement described in paragraph (g)(2)(ii) of section 423.2274 of title 42, Code of Federal Regulations, or any successor regulation (relating to recording calls with beneficiaries), shall not apply to an agent or broker appointed in accordance with section 1851(h)(7)(A), as applied under paragraph (1)(D). . (c) Effective date The amendments made by this section shall apply to plan years beginning on or after January 1, 2023.