PARTNERS Act of 2026
- Sponsor
- Rep. Downing, Troy [R-MT-2]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- May 11, 2026
Bottom line
The PARTNERS Act empowers states to regulate Medicare Advantage plans, potentially increasing oversight and consumer protections while requiring federal-state coordination to manage the new dual enforcement framework.
What it actually does
This bill amends the Social Security Act to explicitly grant states the authority to enforce requirements for Medicare Advantage (MA) plans offered within their borders. It mandates the Secretary of Health and Human Services to coordinate enforcement efforts with states, allowing for collaborative enforcement agreements. This aims to provide states with a direct role in overseeing MA plans, which are currently primarily regulated at the federal level.
Proponents argue
Proponents argue that granting states enforcement authority will enhance consumer protection for Medicare Advantage beneficiaries by allowing state insurance departments, which often have closer ties to local markets and consumer complaints, to address issues more directly. They contend that this will fill regulatory gaps, ensure MA plans meet local standards, and provide an additional layer of oversight beyond federal efforts, leading to better plan accountability and responsiveness to beneficiary needs.
Opponents contend
Opponents might argue that this bill could create a patchwork of state-specific regulations, leading to increased administrative burden and compliance costs for MA organizations operating across multiple states. They may contend that it could complicate the national uniformity of Medicare Advantage, potentially leading to higher premiums or reduced plan choices if plans find it too complex or costly to navigate diverse state requirements. Some might also argue that federal oversight is sufficient and that adding state authority could lead to conflicting regulations.
The bill text is very short and can be read quickly, but its implications for federal-state relations and the Medicare Advantage program are significant and require deeper consideration.
Section 2, amending Section 1856(b)(3) of the Social Security Act
Granting States Authority to Enforce Medicare Advantage Plan Requirements
This provision explicitly allows individual states to require Medicare Advantage (MA) organizations to meet federal MA plan requirements when issuing, selling, renewing, or offering plans within that state. Currently, MA plans are primarily regulated by the federal government, with significant federal preemption over state laws. This change empowers states to act as an additional layer of enforcement, ensuring plans comply with established standards at a local level.
Supporters argue
Supporters argue that state regulators are often better positioned to respond to local market conditions and consumer complaints, providing a more immediate and tailored oversight of MA plans. This additional layer of enforcement can ensure plans are held accountable for their promises and comply with federal standards, ultimately benefiting beneficiaries through improved service and protection against predatory practices.
Critics contend
Opponents might argue that adding state enforcement creates a complex and potentially conflicting regulatory environment for MA organizations that operate nationally. This could lead to increased administrative costs, which might be passed on to beneficiaries through higher premiums or result in plans withdrawing from certain markets due to compliance burdens, thereby limiting choice.
Tradeoffs
The bill navigates the tension between the desire for localized, responsive consumer protection and the potential for regulatory fragmentation and increased compliance costs for national MA providers. It balances state autonomy in regulation with the need for a coherent national Medicare Advantage program.
Section 2, adding new subparagraph (C) to Section 1856(b)(3) of the Social Security Act
Federal-State Coordination of Enforcement
This provision requires the Secretary of Health and Human Services (HHS) to coordinate enforcement of Medicare Advantage standards with states where MA organizations are licensed or offer plans. It also explicitly allows the Secretary to enter into 'collaborative enforcement agreements' with states. This aims to prevent conflicting federal and state actions and streamline regulatory oversight, ensuring a more unified approach despite the new state authority.