This post was written by Jacqueline B. Penrod. The Government Accountability Office has outlined the results of a study it conducted regarding how CMS has handled violations of the marketing rules applicable to Medicare Advantage Organizations (MAOs). The study found that between January 2006 and February 2009, CMS took action against 73 MAOs. The most frequent violation cited was noncompliance with regulations limiting commissions to agents; CMS responded that it has established stronger rules for governing these commissions in order to curtail these behaviors. Consequences for MAOs ranged from initial notices of noncompliance to punitive measures, such as civil money penalties. Although GAO was generally complimentary of the compliance efforts, it recommended better tracking of the number of beneficiaries affected by these violations. CMS concurred with this recommendation.
