The Medicare Advantage Improvement Act of 2026 mandates faster authorization decisions, stricter oversight, and aligns coverage criteria with traditional Medicare to improve timely care and accountability for Medicare Advantage plans.
John Joyce
Representative
PA-13
The Medicare Advantage Improvement Act of 2026 aims to enhance timely access to care and improve oversight for Medicare Advantage (MA) enrollees. The bill mandates faster decision-making for prior authorization requests, establishes strict compliance scoring with financial penalties for non-compliant plans, and requires MA plans to use the same medical necessity criteria as traditional Medicare. Furthermore, it protects providers by limiting retroactive denials for pre-approved services and ensuring prompt payment for those services.
Alright, let's talk Medicare Advantage. If you're one of the millions relying on these plans, or if you're a provider trying to get patients the care they need, buckle up. A new bill, the Medicare Advantage Improvement Act of 2026, is looking to shake things up, aiming to cut down on delays and make these plans more accountable. Think of it as a much-needed tune-up for a system that sometimes feels like it's running on fumes.
Starting January 1, 2028, if you need prior approval for a medical service or even a hospital transfer, your MA plan will have to make a decision a lot faster. For standard requests, they'll have to get back to you within 72 hours. That’s a pretty big deal, especially if you’re waiting on something critical. And if it's an emergency, they'll need to decide within 24 hours. Now, they can still push these deadlines back a bit—up to 7 days—if you ask for it, or if they're chasing down records from an out-of-network doc, or if there are "extraordinary circumstances" (which, let's be honest, could be a bit of a gray area). But the general idea is to get you answers quicker, so you're not left hanging.
Ever get the green light for a service, only for the plan to yank it back or reduce payment later? This bill is trying to put an end to that particular headache. As of 2028, if your MA plan pre-approves something, they'll have to pay for it promptly and in full, especially for out-of-network providers. They also can't retroactively deny coverage for a pre-approved service based on medical necessity, unless there's clear evidence of fraud. This is huge for both patients and providers, giving everyone more certainty that a "yes" actually means "yes." It also means third-party reviewers can't just swoop in and deny claims or change billing codes on a whim, nor can they be paid based on how many claims they deny. That's a direct shot at some practices that have made life difficult for folks trying to navigate the system.
Here’s a big one: starting January 1, 2028, MA plans will have to play by the same rules as traditional Medicare when it comes to deciding what's "medically necessary." No more using stricter criteria than what Medicare Parts A and B use. This includes following the "two-midnight rule" for hospital stays, which helps determine if you're properly classified as an inpatient. For anyone who’s had a claim denied because their MA plan decided something wasn't medically necessary even when traditional Medicare would have covered it, this could be a game-changer. It also means that if there’s no clear national guidance on a service, MA plans will have to use publicly available, evidence-based criteria and report those decisions to the government. This should bring more consistency and transparency to how coverage is determined.
This bill isn't just about new rules; it's about making sure plans follow them. Starting in 2028, the government will implement a new compliance scoring system for MA organizations. Think of it like a report card for how well they stick to the rules, covering everything from timely authorizations to payment requirements and even marketing. Plans will get a total compliance score, and if they fall into a "noncompliant tier" (scoring below 90), they'll face payment reductions. We're talking 1% for a score of 75-89, up to 2% for a score below 60. This information will also be made public on the CMS website, so you can see how your plan stacks up. They're even adding a new domain to the Medicare Advantage Star Ratings program specifically for compliance, giving it more weight than other measures. This means plans will have a real financial incentive to get their act together, which could be good news for enrollees.
If this bill becomes law, it could mean less stress and fewer roadblocks when you need care. Faster approvals mean you get treatment sooner. Knowing that a pre-approved service won't be retroactively denied means more peace of mind. And with plans being held to higher standards and facing penalties for not complying, the hope is that the whole experience of being in a Medicare Advantage plan becomes smoother and more reliable. For providers, it could mean less administrative hassle and more certainty about getting paid for approved services. Of course, the devil is always in the details of how these rules are implemented, and we'll be keeping an eye on how the Secretary of Health and Human Services defines some of those "extraordinary circumstances" or "good cause" clauses. But on paper, this looks like a solid step towards making Medicare Advantage work better for everyone. It's a move towards transparency and accountability that many have been asking for, and it could significantly impact how millions of people access their healthcare. For MA plans, this means investing in new systems for real-time authorizations and better data reporting, which could be costly. But for you, the patient, it’s about getting the care you need, when you need it, without jumping through endless hoops. That’s a win in my book.