Advocacy & Policy
What’s New
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 Bonnie Burns, Training and Policy Specialist, California Health Advocates addressing consumer issues with LTCI, additional needed protections and LTCI product and marketing standards. See also the archived hearing and written testimonies.
CHA Comments on CMS' Proposed Regulations Concerning Medicare Advantage and Part D Issues (PDF)
July 15, 2008 Addresses establishing special needs plans eligibility and care coordination, eliminating inflated drug prices for beneficiaries, clarifying best available evidence (BAE) and other polices related to the low-income subsidy, codifying provisions of marketing guidelines, and more.
CHA Comments on CMS' Proposed Regulations Concerning Part D Appeals Process (PDF)
May 16, 2008 COMMENTS submitted by CHA, drafted jointly with various advocacy organizations.
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.
On this page:
- Policy Briefs
- Special Reports and Alerts
- Legislative and Congressional Testimony
- Letters and Comments to Policymakers
- Advocacy & Policy Staff
1. Policy Briefs
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
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
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.
2. Special Reports and Alerts
Radio interview on "Long-Term Care Insurance" with Bonnie Burns, Training and Policy Specialist, California Health Advocates.
June 8, 2008: Her interview is the 2nd quarter of the program. Download MP3 Podcast (19MB).
Low-Income Health Advocate Alerts On Medicare Part D
3. Legislative and Congressional Testimony
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 Bonnie Burns, Training and Policy Specialist, California Health Advocates 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 David A. Lipschutz, Staff Attorney, California Health Advocates addressing.
Testimony before the NAIC Senior Issues Task Force - Medicare Private Plans Subgroup
September 2007 Public Hearing on Regulation of Medicare Private Plans. Statement of David A. Lipschutz, Staff Attorney and Bonnie Burns, Training & Policy Specialist of California Health Advocates. 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 David A. Lipschutz, Staff Attorney, California Health Advocates 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 David A. Lipschutz, Staff Attorney, California Health Advocates 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.
4. Letters and Comments to Policymakers
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. (link to document CHA.comments.regs.0708 (Word))
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 California Health Advocates, Center for Medicare Advocacy and Medicare Rights Center.
CMS' proposed regulations concerning LIS and Reassignment (PDF)
March 3, 2008 COMMENTS submitted to CMS by CHA, drafted jointly with other consumer advocacy organizations.
CMS's 2009 Call Letter to Medicare Advantage and Part D plans (Excel)
January 30, 2008 COMMENTS submitted to CMS by CHA, drafted jointly with other consumer advocacy organizations.
Medicare Advantage/Prescription Drug Plan Enrollment Guidance
May 2007 COMMENTS California Health Advocates and the Medicare Rights Center submitted Joint Comments to the Centers for Medicare and Medicaid Services.
Continuing Abuses Concerning the Marketing of Medicare Plans
April 2007 LETTER to Congressman Pete Stark. Medicare advocates express concern about the marketing and sale of Medicare Advantage and Part D plans in California.
Involuntary Disenrollments of Sierra Rx Part D Plan Enrollees
March 2007 LETTER to Centers for Medicare and Medicaid Services re: Involuntary Disenrollments of Sierra Rx Part D Plan Enrollees California Health Advocates expresses concern to CMS regarding recent trend in involuntary disenrollments and Medicare Part D enrollees.
CMS’ Interpretation of Limited Open Enrollment Period (L-OEP)
February 2007 LETTER regarding CMS' interpretation of the new Limited Open Enrollment Period (L-OEP) Medicare advocates express concern about new enrollment period as articulated in a CMS memorandum entitled "New Medicare Advantage Enrollment Period for MA-Only Plans" dated February 7, 2007
Comments on CMS’ Revised Draft PDP Enrollment/Disenrollment Guidance (Dated 6/30/06)
July 2006 COMMENTS on CMS’ Revised Draft PDP Enrollment/Disenrollment Guidance Medicare advocates express disappointment that CMS has once again issued such important information as sub-regulatory guidance, rather than as regulations and once again, urge CMS to incorporate this and other aspects of the Medicare Prescription Drug Program into regulations to better protect beneficiaries and provide for better accountability for CMS and CMS contractors in the program.
Visit these national organizations for more information on timely policy issues and Medicare coverage:
- Center for Medicare Advocacy
- Medicare Rights Center
- National Health Law Program
- National Senior Citizen's Law Center
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5. 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
David Lipschutz, Staff Attorney
tel: (213) 381-3670
fax: (213) 381-7154
