S. 2625 — Independent BROKERS TIME Act of 2025

This section cites the Act as the “Independent Broker Relief and Oversight of Knowingly Egregious and Repetitive Sales Tactics In Medicare Enrollment Act of 2025” or the “Independent BROKERS TIME Act of 2025”.

This section directs the Secretary of Health and Human Services to conduct three rulemaking proceedings related to marketing organizations, agents, and brokers in the Medicare Advantage (Part C) and Medicare prescription drug (Part D) programs. Specifically, the proceedings must (1) update the definition of third-party marketing organization (TPMO) under 42 C.F.R. §§ 422.2274(g)(2)(ii) and 423.2274(g)(2)(ii) (or successors) to distinguish TPMOs (e.g., certain call centers, publicly traded or private equity-financed companies, and lead generators) from independent agents and brokers (e.g., individuals enrolling clients and agencies representing multiple carriers), ensure TPMO lead generation meets licensed agent standards, and identify regulatory factors for various agent and broker entities; (2) amend 42 C.F.R. § 420.405 (or successor) to establish monetary rewards for information on Medicare-related marketing scams by call centers; and (3) require Medicare Advantage organizations and prescription drug plan sponsors to implement a standardized registration process for independent agents and brokers that distinguishes them from TPMOs and reduces regulatory burdens for existing customers relative to new business. For each proceeding, the Secretary must publish a Federal Register notice, provide a 90-day comment period with public availability of submissions, issue a final rule within one year of enactment, and limit Office of Information and Regulatory Affairs review under Executive Order 12866 to 60 days.

This section prohibits the Secretary from enforcing any extended waiting period—including the 48-hour waiting period under existing regulations—or requiring any specific time between a Scope of Appointment agreement and a meeting between an independent agent or broker and a Medicare beneficiary. (As background, the Scope of Appointment process requires agents marketing Medicare Advantage or Part D plans to obtain a signed agreement from beneficiaries specifying the topics to be discussed.)

This section directs the Inspector General of the Department of Health and Human Services to review potentially fraudulent or misleading marketing practices of predatory call centers related to the Medicare program (i.e., the federal health insurance program primarily for individuals 65 and older and certain disabled persons). The Inspector General must submit a report to Congress with the review results and recommendations for legislation and administrative action not later than one year after enactment.