Compensation for Incidental Services with Medicare Advantage Sales

The State of New Hampshire Insurance Department 21 South Fruit Street, Suite 14 Concord, NH 03301 David J. Bettencourt Keith E. Nyhan Commissioner Deputy Commissioner BULLETIN Docket #INS 25-074-AB TO: Producers Licensed to sell Medicare Advantage and Medicare Supplement Plans in NH FROM: Commissioner David J. Bettencourt DATE: September 30, 2025 RE: Compensation for Incidental Services with Medicare Advantage Sales The New Hampshire Insurance Department is aware of the uncertainty relating to the availability and sale of Medicare Advantage (“MA”) products for the next year. Several carriers have indicated their intention to leave that market, while others are limiting their sales to particular NH counties. Given these changes, the Department expects many thousands of senior citizens in the state to be seeking the assistance of NH licensed producers. The Department acknowledges that many producers selling MA and Medicare Supplement (“MS”) products may seek additional avenues for compensation given the small commissions associated with the sale of these products. While pursuant to RSA 402-J:13 and RSA 417:4, producers may not receive additional compensation for services directly related to the sale, solicitation, or negotiation of insurance, they may enter into agreements with consumers for “a reasonable service charge or fee” for services that are incidental or related to the sale, solicitation, or negotiation of insurance. Such contracts may take the form of advisory agreements for services rendered above and beyond those normally required for a MA or MS sale and might include appointments after working hours or on weekends, or assistance with filing claims or appealing denials. Any fees charged to a consumer should be reasonable and commensurate with the services provided. All producers entering into a contract for incidental services with a consumer should retain appropriate documentation showing that the consumer was made aware of and agreed to the contract prior to the performance of any services and/or billing of any additional fees, as well as detailed records of the services rendered and related billing. Any complaints received by the Department related to this matter will be handled on a case-by-case basis to ensure compliance with NH law. The Insurance Department is ready to assist with any questions you may have. Please direct any questions on this issue to enforcement@ins.nh.gov. Telephone 603-271-2261 • Fax 603-271-1406 • TDD Access: Relay NH 1-800-735-2964 insurance.nh.gov