The resolution highlights the historical context and current challenges surrounding Medicare and Medicare Advantage plans, particularly in Kansas. It notes that while Medicare was established in 1965 and further expanded with the Balanced Budget Act of 1997 and the Medicare Modernization Act of 2003, the latter limited state oversight of Medicare Advantage plans. This has led to reports of aggressive and deceptive marketing practices targeting seniors, with complaints about misrepresentations regarding provider networks, benefits, and premiums. The resolution emphasizes that state insurance regulators are currently unable to assist consumers due to restrictions imposed by federal legislation.

In response to these issues, the resolution urges Congress to grant state insurance regulators the authority to oversee Medicare Advantage plans, arguing that state-based regulation would be more effective in protecting Kansas citizens from fraudulent marketing practices. It calls for legislation that would allow states to enforce their own consumer protection laws regarding Medicare plans, thereby ensuring better oversight and safeguarding vulnerable populations. The resolution concludes by directing the Secretary of State to send copies of the resolution to key congressional leaders and the Kansas Department of Insurance.