Updated August 23, 2010
for Professionals
Advocacy & Policy
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- Advocacy & Policy
- Medicare Coalition
This section of our website provides our latest activity in national and state advocacy and public policy work on behalf of Medicare beneficiaries in California. Do you have a Medicare related coverage or beneficiary care access issue that you believe needs closer scrutiny? Send e-mail to or call (916) 231-5110.
Advocacy & Policy Staff
See staff biographies and photos on our Staff page.
Bonnie Burns,
Training & Policy Specialist
tel: 831-438-6677 |
fax: 831-438-2441
Elaine Wong Eakin, Executive Director
tel: 510-885-1995 I fax: 510-927-2599
Legislative and Congressional Testimony
- Gambling on Consumer Ignorance: Comprehensive Consumer Protections and Regulatory Scrutiny Are Required to Protect Purchasers of Long-Term Care Insurance Products
- June 3, 2009 Testimony before the Senate Special Committee on Aging. Statement of CHA’s Bonnie Burns addressing the need for greater consumer protections, standardization of policies and marketing practices and regulation of LTC insurance products. Includes specific recommendations. See also the archived hearing and other written testimonies.
- CHA testifies on 1-800 Medicare before Senate Special Committee on Aging
- September 11, 2008 Tatiana Fassieux, CHA Board Chair and HICAP Manager, testifies on 1-800 Medicare performance, complaints, and suggestions for improvement. See also the hearing and other written testimonies. Also view ABC News Good Morning America's video clip, Medicare's Busy Signal.
- Promises Made, Promises Denied: Consumers of Long-Term Care Insurance (LTCI) Experience Denied Claims and Premium Increases
- JULY 24, 2008 Testimony before the House Energy & Commerce Committee, Subcommittee on Oversight and Investigations. Statement of CHA’s Bonnie Burns addressing consumer issues with LTCI, additional needed protections and LTCI product and marketing standards. See also the archived hearing and written testimonies.
- Medicare Advantage Costs, Benefits and Oversight: the Beneficiary Experience
- February 28, 2008 Testimony before the Subcommittee on Health of the House Committee on Ways and Means. Statement of CHA’s David A. Lipschutz.
- Testimony before the NAIC Senior Issues Task Force - Medicare Private Plans Subgroup
- September 2007 Public Hearing on Regulation of Medicare Private Plans. Statement of CHA’s David A. Lipschutz and Bonnie Burns. Recommending greater regulatory oversight by CMS, restoration of state regulatory oversight, and strengthened consumer protections that include standardization and simplification of plans providing coverage of Medicare benefits.
- Predatory Sales Practices in Medicare Advantage
- June 2007 Testimony Before the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce. Statement of CHA’s David A. Lipschutz addressing predatory sales practices in Medicare Advantage plans.
- Medicare Advantage Private Fee-for-service Plans: The Beneficiary Perspective
- May 2007 Testimony Before the Subcommittee on Health of the House Committee on Ways and Means. Statement of CHA’s David A. Lipschutz addressing Medicare Advantage plans and abusive marketing practices.
- Joint Informational Hearing: “Medicare Prescription Drug Coverage: Challenges of Implementation and Status of State Assistance Efforts”
- February 2006 Testimony of David Lipschutz, Staff Attorney; and Testimony of Marta Erismann, Community Outreach Coordinator.
Letters and Comments to Policymakers
- CMS’ Notice of Proposed Rule-making with Medicare Advantage and Part D Plan Sponsors
- DECEMBER 8, 2009 Comments submitted by CHA, drafted jointly with various advocacy organizations. Advocates using regulations versus guidelines, having access to all CMS guidance materials, and strengthening beneficiary protections, including marketing and language access provisions.
- Draft Medicare Marketing Guidelines: Comment/Response Form
- June 2009 In general, we are disappointed that CMS has failed to follow the spirit, and in some cases, the letter, of the law in interpreting marketing guidelines and consumer protections found in MIPPA. We urge CMS to conduct a thorough overhaul of these guidelines and strengthen consumer protections and oversight of both plan sponsors and agents/brokers.
- Comments on CMS' Medicare Prescription Drug Benefit Manual
- September 4, 2009 Comments submitted by CHA, drafted jointly with various advocacy organizations. Comments on Chapter 4, covering creditable coverage and late enrollment penalties; and Chapter 18, covering Part D enrollee grievances.
- Comments on CMS' Beneficiary Protections Chapter in Medicare Managed Care Manual
- July 30, 2009 Comments submitted by CHA, drafted jointly with various advocacy organizations. Recommends new and strengthened beneficiary protections for Medicare Managed Care plans.
- CMS' 2010 Call Letter to Medicare Advantage & Part D Plans
- March 6, 2009 Comments submitted by CHA, drafted jointly with various advocacy organizations. Includes recommendations on CMS' guidelines for plan marketing materials, plan benefit requirements, and beneficiary protections.
- CMS' Proposed Rules on New Compensation Limits for Agents Selling Medicare Part C & D Plans
- DECEMBER 15, 2008 Comments submitted by CHA, drafted jointly with various advocacy organizations. Comments reveal how proposed compensation rules encourage agents to focus enrollment efforts on people new to Medicare, or those in Original fee-for-service Medicare. Several recommendations included.
- CMS' proposed regulations concerning various Medicare Advantage and Part D issues (PDF)
- July 15, 2008 COMMENTS submitted by CHA, drafted jointly with various advocacy organizations. Some specifics addressed include: establishing eligibility, enrollment and care coordination in special needs plans (SNPs); eliminating default auto-enrollment into Part D plans of dual eligible individuals with retiree health benefits; making revisions to ensure beneficiaries don't pay inflated prices for prescriptions; clarifying best available evidence (BAE) and other polices related to the low-income subsidy; establishing protections when premiums are not withdrawn from Social Security benefits as requested; and codifying provisions of marketing guidelines.
- CMS' proposed regulations concerning Part D appeals process (PDF)
- May 16, 2008 COMMENTS submitted by CHA, drafted jointly with various advocacy organizations.
- CMS's Medicare Advantage/PDP Enrollment Guidance (Excel)
- May 12, 2008 COMMENTS submitted to CMS by CHA, drafted jointly with other consumer advocacy organizations.
- Response to America's Health Insurance Plans' (AHIP) proposals addressing ongoing marketing abuses with MA product sales (PDF)
- March 12, 2008 LETTER to Senate Finance Committee making specific recommendations, such as: increasing cooperation between state and federal regulators; prohibiting door-to-door marketing; limiting cold calling; having clear plan type designations; and prohibiting plans from offering agents varied commissions and bonuses for sales of different plan types. Submitted jointly by CHA, Center for Medicare Advocacy and Medicare Rights Center.
- CMS' proposed regulations concerning LIS and Reassignment (PDF)
- March 3, 2008
- CMS's 2009 Call Letter to Medicare Advantage and Part D plans (Excel)
- January 30, 2008
- Medicare Advantage/Prescription Drug Plan Enrollment Guidance
- May 2007 COMMENTS
- Continuing Abuses Concerning the Marketing of Medicare Plans
- April 2007
- Involuntary Disenrollments of Sierra Rx Part D Plan Enrollees
- March 2007
- CMS’ Interpretation of Limited Open Enrollment Period (L-OEP)
- February 2007
- Comments on CMS’ Revised Draft PDP Enrollment/Disenrollment Guidance (Dated 6/30/06)
- July 2006
Policy Briefs
- Updated Summary: Community Living Assistance Services & Supports (CLASS) Act Passed with Health Reform Legislation
- REVISED JULY 29, 2010 The Patient Protection and Affordable Care Act signed into law on March 23, 2010 establishes a national voluntary long-term care insurance program for actively employed individuals and is part of the legislative legacy of Senator Ted Kennedy. Summary outlines the Act's provisions, including its benefits, premiums, and advisory structure.
- The Price is Right: the Selling of Medicare - New Marketing Rules Fail to Cure Problems in the Medicare Marketplace (PDF)
- DECEMBER 31, 2008 This issue brief: 1) reviews the past 2 years of changes in Medicare marketplace regulations; 2) explores unresolved systemic issues that prevent adequate marketing oversight; 3) analyzes selected new marketing rules, including their shortcomings; and 4) provides recommendations to better protect beneficiaries from ongoing marketing abuses.
- Dual Eligibles & Medicare Advantage Plans: Do New Rules Make Them a Better Fit? (PDF)
- December 15, 2008 Part 1 explores the topic of dual eligibles in MA plans in general and whether recent legislative and regulatory changes make MA plans, as a whole, a more viable option for dual eligibles; Part 2 explores these changes as they specifically apply to MA Special Needs Plans (SNPs) for dual eligibles.
- There’s a Hole in the Bucket: New “Gap” Product Being Sold to Fill-in Medicare Advantage Deficiencies
- November 2007 Despite the insurance industry’s and CMS’ insistence that Medicare Advantage plans are a good value for all beneficiaries, significant “gaps” created by the cost-sharing imposed by Medicare Advantage plans have led to the emergence of a new insurance product aimed at “filling” those gaps.
- Informed Choice: The Case for Standardizing and Simplifying Medicare Private Health Plans
- September 2007 People with Medicare would be better able to make informed decisions about their coverage options and be more likely to receive protection against high out-of-pocket spending on health care if Medicare private health plans — so-called Medicare Advantage plans — were limited to finite number of standardized benefit packages.
- The Reluctant Regulator: Centers for Medicare and Medicaid Services’ Response to Marketing Misconduct by Medicare Advantage Plans
- July 2007 An analysis of problems relating to the marketing of private Medicare plans by evaluating the effectiveness of CMS’s response to reports of marketing misconduct, assessing the potential benefits of increased state oversight and enforcement and proposing additional policy recommendations that address the root causes of marketing misconduct.
- After the Goldrush: The Marketing of Medicare Advantage and Part D Plans (PDF)
- January 2007 Regulatory Oversight of Insurance Companies and Agents Inadequate to Protect Medicare Beneficiaries
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Getting the Runaround: Problems with Obtaining Accurate Information from Part D Plans
- October 2006 Fixing the Part D Plan Call Centers Before the Next Enrollment Period Starts on November 15, 2006
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The Knowledge Gap: Drug Plans Fail to Provide Critical Information to People with Medicare
- February 2006 Deluged with marketing materials, frustrated by inaccurate and conflicting information, people with Medicare and professionals that counsel them, struggle to find consistent and accurate information for this important choice.
- Consumers Face Inadequate Protections Concerning Medicare Part D Enrollment and/or Disenrollment Problems
- November 2005 This issue brief explores key decisions concerning the drug benefit for consumers and describes how the drug benefit’s complexity and administration through private plans will cause enrollment and disenrollment problems that could leave persons without drug coverage or with inadequate drug coverage and high out-of-pocket expenses.
Special Reports and Alerts
Radio interview on "Long-Term Care Insurance"
June 8, 2008: CHA’s Bonnie Burns is interviewed in the 2nd quarter of the program. Download MP3 Podcast (19MB).
Low-Income Health Advocate Alerts On Medicare Part D
June 2007 | April 2007 | March 2007 | Feb. 2007 | Jan. 2007
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