Tricia Beckmann Discusses Federal Oversight of Medicare Brokers With Law360

Faegre Drinker Consulting principal Tricia Beckmann commented on how the U.S. Department of Justice will likely continue to defend Biden-era regulatory guardrails on Medicare brokers, despite a new administration in the White House. 

Beckmann noted that the Centers for Medicare and Medicaid Services (CMS) has been under Congressional legislators on both sides of the aisle to assert more control over Medicare marketers to clamp down on deceptive practices. Further, ongoing litigation, shown in a Justice Department brief filed in January, reflects an overall aim to regulate marketing in the Medicare space. Beckmann said its “not surprising” to see CMS assert legal authority and shows “"the overall posture taken by this administration to be able to direct how taxpayer money is used." 

"If the agency loses, I could see it asking for — and potentially receiving — new authority from Congress to regulate administrative payments," Beckmann said.