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Regulatory & Compliance

CMS (Centers for Medicare & Medicaid Services)

The federal agency within HHS that administers Medicare, Medicaid, CHIP, and the federal ACA Marketplace — and sets binding rules for all three.

Also known as: Centers for Medicare & Medicaid Services

Full Definition

The Centers for Medicare & Medicaid Services (CMS) is the operating division of the U.S. Department of Health and Human Services responsible for administering Medicare (Parts A, B, C, D), Medicaid, the Children's Health Insurance Program (CHIP), and the federally-facilitated ACA Marketplace (HealthCare.gov). For insurance agents, CMS's rule-making matters in four domains: (1) Medicare Advantage and PDP plan certification, bid review, and star ratings; (2) agent commission caps and MCMG marketing rules; (3) the Final Rule process that annually updates agent and TPMO obligations (most recently the 2024 Final Rule tightening TPMO data-sharing and marketing rules); and (4) Marketplace agent certification (FFM) required to sell on HealthCare.gov. CMS civil money penalties can reach tens of millions for carriers and sales-entity suspensions for bad-actor agencies.

Example

CMS's 2025 commission caps set initial Medicare Advantage commissions at $611 and renewals at $306 (national; slightly higher in CA, NJ, PR, CT, DC). Every agent contract adjusts annually to these CMS rules.

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