11/07/2025
New Hampshire gets it, where is the CT Insurance Department???
New Hampshire Insurance Department Issues Bulletin on Fair Marketing and Compensation Practices for Medicare Plans
CONCORD, NH (November 6, 2025) – The New Hampshire Insurance Department (NHID) has issued a bulletin, Docket Number INS 25-082-AB, to address potentially unlawful conduct by certain insurers offering Medicare Advantage (MA) and Medicare Supplement (MS) products in the state. The bulletin reaffirms that carriers must make approved products readily accessible, treat producers in accordance with approved compensation structures, and comply with laws designed to protect consumers and ensure a fair marketplace.
Removing enrollment applications from public access, discouraging producers from marketing particular products, or altering producer compensation during the plan year could violate New Hampshire law and undermine fair competition and informed consumer choice in the Medicare marketplace. Such actions may impede seniors’ ability to evaluate the full range of available Medicare options and create improper incentives that interfere with producers’ duty to act in the consumer’s best interest. If verified, these practices could constitute unfair or deceptive acts under RSA 417 and lead to enforcement action by the NHID.
“The conduct described in this bulletin is deeply troubling because it may restrict seniors’ access to the full range of Medicare options that the law allows,” said Insurance Commissioner DJ Bettencourt. “When Medicare-eligible Granite Staters are shopping for coverage, they deserve clear information, fair competition, and the confidence that neither carriers nor producers are steering them based on hidden incentives or mid-year changes in compensation.”
For Medicare Supplement products, the bulletin explains that state law provides clear limits on producer compensation. Under RSA 415-F:3, IV, the NHID is authorized to regulate such compensation, and Insurance Rule Ins 1905.18 requires that commissions or other compensation remain consistent after the first year and not be modified during the policy term. Altering producer compensation mid-year would therefore be inconsistent with these provisions.
All carriers remain subject to RSA 417, which prohibits unfair or deceptive acts in the business of insurance, to the extent not preempted by federal law. Carriers that withhold or obscure access to enrollment materials, manipulate producer incentives, or otherwise interfere with consumer choice risk violating these standards.
The bulletin also reminds carriers that it is an unfair insurance trade practice under RSA 417 to reduce or eliminate producer compensation mid-year except as expressly permitted in an approved compensation schedule, or to create artificial disincentives that deter producers from marketing otherwise available products. Although the bulletin does not compel a carrier to continue selling a product it has lawfully withdrawn from the market, it emphasizes that as long as a plan remains approved and offered in New Hampshire, the carrier must make enrollment reasonably available through customary channels—including online, by mail, and through duly appointed producers—and must honor the compensation structure reflected in its approved filings.
All carriers and producers participating in the Medicare market are reminded of their duty of good faith under New Hampshire law. Producers must act in the best interest of the consumer and assist applicants in identifying the plan most suited to their medical and financial circumstances, taking into account provider access, prescription drug coverage, cost, and affordability.
“Medicare beneficiaries rely on carriers and producers to provide them with candid, unbiased guidance about the plans that fit their needs,” said Deputy Insurance Commissioner Keith Nyhan. “These clarifications reinforce that the NHID expects transparency, good-faith dealings, and strict adherence to approved compensation structures so that older Granite Staters are not disadvantaged by behind-the-scenes changes in how products are marketed or how producers are paid.”
The NHID will continue to monitor compliance and take enforcement action where warranted. Violations may result in administrative penalties, license suspension, or revocation under RSA 417, RSA 400-A:15, and other applicable statutes.
The full bulletin, Docket Number INS 25-082, can be viewed on the New Hampshire Insurance Department’s website at https://mm.nh.gov/files/uploads/nhid/documents/20251106-ins-25-082-ab-medicare-conduct.pdf.
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