12 2 STA T . 2 50 0 PUBLIC LA W 110 – 2 7 5 —J UL Y 15 , 200 8(A)insub s ect i o n( h )( 4 ) , b yad din g at the end the f o l- lo w ing new sub p a r agraph
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‘( D ) shall only per m ita M edicare Ad v antage organi z a- tion (and the agents, bro k ers, and other third parties rep- resenting such organization) to conduct the activities described in subsection ( j )( 2 ) in accordance with the limita- tions established under such subsection .’ ’
and ( B ) in subsection (j), by adding at the end the following new paragraph: ‘‘(2) LIM I TA TI ONS . —T he S ecretary shall establish limita- tions with respect to at least the following: ‘‘(A) S C O PE O F MA RK ETIN G APPOINTMENTS.—The scope of any appointment with respect to the marketing of a Medicare Advantage plan. Such limitation shall re q uire advance agreement with a prospective enrollee on the scope of the marketing appointment and documentation of such agreement by the Medicare Advantage organization. I n the case where the marketing appointment is in person, such documentation shall be in writing. ‘‘(B) C O- B RAN D ING.—The use of the name or logo of a co-branded network provider on Medicare Advantage plan membership and marketing materials. ‘‘(C) LIMITATION OF GIFTS TO NOMINA L DOLLAR V AL U E.— The offering of gifts and other promotional items other than those that are of nominal value (as determined by the Secretary) to prospective enrollees at promotional activities. ‘‘(D) COMPENSATION.—The use of compensation other than as provided under guidelines established by the Sec- retary. Such guidelines shall ensure that the use of com- pensation creates incentives for agents and brokers to enroll individuals in the Medicare Advantage plan that is intended to best meet their health care needs. ‘‘( E ) R E Q UIRED TRAINING, ANNUAL RETRAINING, AND TESTING OF AGENTS, BROKERS, AND OT H ER THIRD PARTIES.— The use by a Medicare Advantage organization of any individual as an agent, broker, or other third party rep- resenting the organization that has not completed an initial training and testing program and does not complete an annual retraining and testing program.’’. (2) MEDICARE PRESCRIPTION DRUG PROGRAM.—Section 1860 D – 4(l) of the Social Security Act, as added by subsection (a)(2), is amended by adding at the end the following new paragraph: ‘‘(2) The requirement under section 18 5 1(h)(4)(D) to conduct activities described in section 1851(j)(2) in accordance with the limitations established under such subsection.’’. ( 3 ) EFFECTIVE DATE.—The amendments made by this sub- section shall take effect on a date specified by the Secretary (but in no case later than N ovember 15, 2008). (c) REQUIRED INCLUSION OF P LAN T Y PE IN PLAN NAME.— (1) MEDICARE ADVANTAGE PROGRAM.—Section 1851(h) of the Social Security Act (42 U .S.C. 13 9 5w–21(h)) is amended by adding at the end following new paragraph: ‘‘(6) REQUIRED INCLUSION OF PLAN TYPE IN PLAN NAME.— F or plan years beginning on or after J anuary 1, 2010, a Medi- care Advantage organization must ensure that the name of Ef f ectiv e da te .D ead l i n e. 42USC1395w– 21n o te.
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