Six decades of federal legislation that shaped Medicare
From its founding in 1965 to the Inflation Reduction Act of 2022. Tap any entry to expand. Use the links above to jump to a section's payment policy in detail.
How sixty years of federal legislation shaped the Medicare you have today
When I sit down with clients, the most common thing I hear is: "I just don’t understand why Medicare is so complicated."
I created this resource because the more you understand the past and present, the better you can make decisions about the future. You don’t need to memorize any of it, but having the big picture helps.
There’s another reason this matters: Medicare only works if we protect it. As Madison reminded us, a self-governing people must arm themselves with knowledge.
Explore as much or as little as you’d like — use the menu at the top to jump to a topic, and tap any arrow to expand a section. Any questions, give me a holler.
— Chris Cockey Jr
Navigate Health Insurance Services
From its founding in 1965 to the Inflation Reduction Act of 2022. Tap any entry to expand. Use the links above to jump to a section's payment policy in detail.
Eight laws across six decades, each one making real progress — and leaving real work undone. Expand any section below to explore the details.
Social Security Amendments of 1965 (Pub. L. 89-97) — Medicare was created with a payment structure designed to encourage broad provider participation and ensure seniors could access care.
When Congress created Medicare, its top priority was getting hospitals and doctors to participate. To make that happen, lawmakers designed a payment system that was very generous to providers. Hospitals were paid on a "reasonable cost" basis — meaning Medicare simply reimbursed whatever the hospital spent to care for a patient. Doctors were paid based on their "usual, customary, and reasonable" (UCR) charges — essentially, whatever they normally charged, as long as it was in line with what other doctors in the area charged.
This generous payment approach worked exactly as intended — hospitals and doctors signed up in huge numbers, and seniors gained access to care they couldn't afford before. But there was a major flaw: the system gave providers no reason to hold down costs. The more a hospital spent, the more Medicare paid it back. The more tests a doctor ordered, the more fees they collected. Combined with new medical technologies and a growing number of enrollees, Medicare spending grew at double-digit rates every year through the late 1960s and 1970s. By the early 1980s, the Part A Trust Fund (the account that pays for hospital care) was running out of money, and Congress had to act.
The 1970s were a time of high inflation across the whole U.S. economy — gas prices, groceries, and housing all went up. So it's fair to ask: was Medicare's cost problem just part of that general trend? The answer is no. General inflation played a role, but healthcare costs were rising much faster than prices in the rest of the economy. Even after accounting for overall inflation, real healthcare spending still grew about 5% per year during the 1970s. Economists have broken down what was actually driving costs into four categories:
What drove Medicare spending growth?
Approximate breakdown of annual health spending increases during the 1970s–80s into four distinct categories
That last category — more services per patient — is the most important one. Hospital admissions didn't grow much during the 1970s, only about 1–2% per year. What grew dramatically was how much was done during each hospital stay: more lab tests, more imaging, more specialized procedures, more equipment. Much of this reflected real medical progress — new technologies that saved lives. But under a system where Medicare paid for everything without question, there was no way to tell the difference between spending that actually helped patients and spending that didn't. Hospitals and doctors had no financial reason to ask "is this extra test really necessary?" because Medicare paid for it either way.
This is an important point because it explains the logic behind every payment reform that followed. From 1983 through 2022, each reform was Congress trying to change the financial rules so that doctors and hospitals would be rewarded for delivering care efficiently — not just for delivering more of it.
Social Security Amendments of 1983 (Pub. L. 98-21) — Medicare replaced its blank-check hospital payment system with prospective, fixed-price reimbursement.
By the early 1980s, Medicare hospital spending was growing at staggering rates — hitting as high as 21% in 1980. The Part A Trust Fund (the account that pays for hospital stays) was running out of money. The reason was simple: if you pay hospitals more for spending more, they have no reason to hold down costs.
A DRG is a category for a patient's hospital stay based on their diagnosis. For example, "hip replacement" is one DRG, "pneumonia" is another. Medicare pays the hospital a fixed dollar amount for each DRG — no matter how much the hospital actually spends on that patient's care.
The payment amount for each DRG is adjusted based on where the hospital is located (wages vary by region), whether it's a teaching hospital, and how many low-income patients it serves. The system was developed at Yale University, tested in New Jersey, and rolled out nationally on October 1, 1983.
The DRG system only applied to inpatient hospital stays under Part A. Everything else — outpatient visits, doctor's office visits, skilled nursing facilities, and home health care — was still paid the old way (cost-based). This gap, especially for outpatient care, lasted 17 years until the 1997 Balanced Budget Act finally addressed it.
OBRA-89 (Pub. L. 101-239) — Medicare created a standardized, resource-based system for paying physicians.
The 1983 DRGs slowed hospital cost growth, but doctor spending under Part B kept rising fast. Under the old system, doctors simply charged whatever they wanted and Medicare paid it. There was no standard price list. A Harvard team led by Dr. William Hsiao developed a better approach: the Resource-Based Relative Value Scale (RBRVS) — essentially, a standardized price list for every medical service based on how much work, training, and expense each one actually requires.
Each medical service is assigned a point value (called a Relative Value Unit, or RVU) based on three things:
Alongside the fee schedule, OBRA-89 created the Volume Performance Standards — the first attempt to set expenditure targets for physician spending. This system proved ineffective and was replaced by the SGR in the 1997 BBA.
The RBRVS is still the foundation of how Medicare pays doctors today. It brought order to a system that had none. However, it also created a lasting imbalance: specialists who perform procedures (like surgeons) tend to be paid more generously than primary care doctors — a gap that many believe has contributed to the shortage of family doctors and general practitioners. The committee that recommends point values for services (the RUC) is made up mostly of specialists, which critics say tilts the system in their favor.
Pub. L. 105-33 — The largest savings package in Medicare history restructured payment across virtually every provider type.
Extended DRG logic to hospital outpatient services via Ambulatory Payment Classifications.
Tied physician fee updates to GDP growth — sensible in concept, disastrous in practice.
Created the managed-care framework that became Medicare Advantage.
Extended prospective payment to SNFs, home health, and rehab hospitals.
The payment cuts turned out to be deeper than Congress intended. Teaching hospitals, rural hospitals, and home health agencies were hit especially hard. Congress had to pass two follow-up laws in 1999 and 2000 to partially restore some of those payments. And the SGR formula for doctor pay became a 17-year headache, requiring Congress to pass emergency fixes nearly every year until MACRA finally replaced it in 2015.
Pub. L. 108-173 — The biggest structural change in 38 years added prescription drug coverage and expanded private plan options.
The MMA created Medicare Part D — the first time Medicare covered prescription drugs you pick up at the pharmacy. Starting in January 2006, beneficiaries could sign up for a private drug plan (a standalone PDP or through a Medicare Advantage plan). The benefit had four phases: a deductible, an initial coverage period, a coverage gap known as the "donut hole" (where you paid more out of pocket), and catastrophic coverage for very high drug costs.
After the MMA, Medicare had three very different systems running at the same time: Original Medicare (Parts A and B) where the government pays doctors and hospitals directly for each service, Medicare Advantage (Part C) where private plans receive a flat monthly payment per person and manage all your care, and Part D where private drug plans handle your prescriptions. These three approaches still coexist today, which is why Medicare can feel so complicated.
Pub. L. 111-148 — Beyond coverage expansion, the ACA fundamentally reoriented Medicare payment toward value over volume.
$10 billion/decade laboratory for new payment and delivery models.
Permanent national ACO program in traditional Medicare.
Permanently slowed default price growth for most providers.
Closed the Part D coverage gap and made preventive services free.
The ACA created new programs that, for the first time, penalized hospitals financially for poor results. Hospitals that had too many patients readmitted within 30 days, or too many hospital-acquired infections, received lower Medicare payments. This was a major shift — Medicare was no longer just paying for services, it was paying based on how well those services turned out.
Medicare Access and CHIP Reauthorization Act (Pub. L. 114-10) — Medicare's formal pivot from volume-based to value-based physician payment.
After 17 temporary "doc fix" patches from 2003 to 2014, Congress finally scrapped the broken SGR formula for good. (Without the fixes, doctor pay would have been cut by more than 25%.) Replacing it added about $141 billion to the federal deficit. In its place, MACRA created the Quality Payment Program (QPP) with two tracks:
MACRA gave doctors very small annual pay increases: just 0.5% per year from 2015 to 2019, then a complete freeze (0%) from 2020 to 2025. Starting in 2026, increases are only 0.25% to 0.75% per year. Meanwhile, the cost of running a medical practice — rent, staff, equipment, malpractice insurance — has gone up much faster. According to the AMA, Medicare doctor pay rose only 11% between 2001 and 2021, while practice expenses increased 39%. Many doctors say Medicare is paying them less and less in real terms.
MIPS has been widely criticized as overly complicated for the small payment adjustments it produces. Many doctors feel the paperwork and reporting requirements aren't worth the trouble. The alternative track (Advanced APMs) hasn't attracted as many doctors as Congress hoped, partly because smaller practices can't afford the financial risk. And with pay raises frozen or nearly frozen for years, doctor groups are increasingly pushing Congress to fix the payment system so it at least keeps up with inflation.
Pub. L. 117-169 — The most significant drug-pricing reform since Part D was created, reversing a 19-year prohibition on Medicare price negotiation.
The IRA authorized Medicare to negotiate "maximum fair prices" directly with manufacturers for high-cost drugs — reversing the MMA's 2003 prohibition. The program phases in gradually:
| Year | Drugs selected | Coverage |
|---|---|---|
| 2026 | 10 drugs | Part D only |
| 2027 | 15 additional | Part D only |
| 2028 | 15 additional | Part D and Part B |
| 2029+ | 20 per year | Part D and Part B |
Drug companies that refuse to negotiate face a steep penalty tax — starting at 65% of their U.S. sales and rising to as high as 95%. The Congressional Budget Office estimates these drug pricing provisions will save taxpayers $237 billion over ten years.
Before the IRA, there was no limit on what you could spend out of pocket on prescriptions in a year. Even in the "catastrophic" phase of Part D, you still owed 5% of drug costs — which could add up to thousands of dollars for expensive medications. The IRA changed that: starting in 2025, your total out-of-pocket drug costs are capped at $2,000 per year, period. After you hit that cap, you pay nothing more. The law also shifted more of the cost burden onto drug plans and manufacturers, giving them a stronger incentive to keep drug prices down.
Every major Medicare law fixed a problem the previous one created — and left behind a new problem for the next Congress to solve.
When Medicare launched in 1965, hospitals submitted their costs and Medicare paid them back in full — plus a profit margin. Doctors charged whatever they wanted. There were no limits on prices, no caps on volume, and no proof required that a treatment was the most cost-effective option.
This was intentional — Congress made Medicare generous to persuade providers to participate, and it worked. But with the government writing blank checks, spending exploded. Medicare hospital costs grew at double-digit rates every year through the 1970s, peaking at over 21% in 1980. By the early 1980s, the Part A Trust Fund was running out of money.
That crisis set the stage for everything below. Each step in this chain was an attempt to fix the incentives the original 1965 model created.
Medicare launched with "pay whatever it costs" reimbursement. It got doctors and hospitals to participate — but there were no spending controls at all.
Fixed-price DRGs for hospital stays slowed cost growth — but outpatient care, doctor visits, and nursing homes were still paid the old way.
A standardized fee schedule (RBRVS) replaced "charge whatever you want" for doctors — but doctor fees and hospital fees were now on separate tracks, so the same service could cost Medicare different amounts depending on where it was done.
The Balanced Budget Act extended fixed prices to outpatient care, nursing homes, and home health. It also tried to cap total doctor spending with the SGR formula — but hospital outpatient rates were set higher than doctor's office rates for the same service (fueling hospital buyouts of practices), and the SGR proved so unworkable Congress had to override it 17 times.
The Medicare Modernization Act added prescription drug coverage (Part D) and expanded private plan options into what we now know as Medicare Advantage (Part C) — giving seniors more choices than ever — but Congress banned Medicare from negotiating drug prices, leaving one of the biggest cost-saving tools off the table.
The ACA created value-based programs (ACOs, quality penalties, CMMI), started closing the Part D donut hole, and slowed provider price growth — but didn't fix the broken doctor pay formula or the drug negotiation ban.
MACRA killed the broken SGR and created the Quality Payment Program, tying doctor pay to quality and cost for the first time — but annual pay updates (0%–0.75%) haven't kept up with practice costs, which rose ~39% from 2001 to 2021.
The Inflation Reduction Act broke the 2003 drug negotiation ban. Medicare can now negotiate prices directly, cap seniors' out-of-pocket drug costs, and penalize companies that raise prices faster than inflation. But to offset their exposure, insurers have responded by shifting costs to members: higher copays, narrower formularies, and rising prescription plan premiums.
These three approaches are the product of sixty years of reform. Each was added on top of the previous ones rather than replacing them — which is why Medicare can feel so complicated, and why the same medical service can cost different amounts depending on your coverage and where you receive care.
Medicare pays providers directly for each service or episode of care delivered to a beneficiary.
This is the original Medicare model, and it's what you have if you're enrolled in "Original Medicare" (Parts A and B). The government pays your doctors and hospitals directly. There are two ways this works:
Pay per service (for doctor visits): Every time you see a doctor, get a blood test, or have an X-ray, Medicare pays a separate fee for each one. If your doctor orders five tests, Medicare pays five separate bills. This is straightforward, but it means there's a built-in incentive to order more services.
Pay per diagnosis (for hospital stays): When you're admitted to the hospital, Medicare pays one fixed amount based on your diagnosis — not based on how many individual things the hospital does for you. For example, a pneumonia admission pays a set amount whether you're there for three days or five days. This gives hospitals a reason to treat you efficiently, because they keep the same payment either way.
Both are called "fee-for-service" because Medicare pays each time you receive care. The difference is whether Medicare pays per individual service (doctor visits) or per episode of care (hospital stays).
Medicare pays a private plan a flat monthly amount per beneficiary, and the plan takes over all payment decisions.
If you're enrolled in a Medicare Advantage plan (Part C), your coverage works completely differently. Instead of the government paying your doctors and hospitals directly, Medicare sends a fixed monthly payment to your private health plan for each person enrolled. The plan then uses that money to pay for your care.
If the plan can cover your care for less than what Medicare paid them, the plan keeps the savings (and often uses some of it to offer you extra benefits like dental or vision). If your care costs more than what Medicare paid, the plan takes the loss. Today, more than half of all Medicare beneficiaries are enrolled in Medicare Advantage.
The key difference from Original Medicare: with Medicare Advantage, your private plan — not the government — decides how to pay doctors and hospitals and manages your care. Medicare's job is to pay and oversee the plan.
Performance-based adjustments layered on top of the existing fee-for-service and capitation systems.
These are newer programs layered on top of the existing system. Doctors and hospitals still get paid the regular way, but their pay is then adjusted up or down based on how well they perform. Think of it as a bonus-and-penalty system built on top of the regular payment.
MIPS (Merit-based Incentive Payment System): Doctors still bill Medicare for each service, but at the end of the year their total pay is adjusted up or down (by up to 9%) based on quality scores. Doctors who score well earn a bonus; those who score poorly get a pay cut.
ACOs (Accountable Care Organizations): Groups of providers agree to be responsible for the overall health and costs of their patients. If the group keeps total spending below a target while maintaining quality, they share the savings. In some arrangements, they also have to pay back money if they go over budget.
Bundled payments: Medicare sets one target price for an entire course of treatment — like a hip replacement plus 90 days of recovery and follow-up. If the providers handle it for less than the target price, they keep the savings. If it costs more, they cover the difference.
The simple way to remember: Medicare Advantage replaces Original Medicare with a private plan. Value-based programs keep Original Medicare in place but add rewards for good results and penalties for poor ones.
The chain of cause and effect didn't resolve everything. These tensions run through the Medicare story and remain very much alive today.
Hospital outpatient departments have always been paid more than independent physician offices for the same service — and hospitals say there's a reason. They maintain 24/7 emergency capacity, serve as safety nets in underserved communities, bear heavier regulatory and compliance costs, and cross-subsidize services that lose money but keep people alive. Higher outpatient rates help cover that overhead, and hospitals argue that cutting those rates threatens the broader infrastructure patients depend on.
But critics point out the gap has also created a powerful financial incentive for hospitals to buy up independent practices — not to expand services, but to bill the same care at higher rates.
CMS is actively trying to close this gap. The 2026 OPPS final rule reduced payments for drug administration at off-campus hospital outpatient departments by roughly $290 million — a direct move toward "site-neutral" pricing. Reformers say it's long overdue. Hospitals say it puts essential services at risk. The debate is no longer theoretical — it's happening now.
Congress designed MACRA to control Medicare spending by replacing the unpredictable SGR with small, stable annual updates (0.25%–0.75%) — and by supplementing base pay with quality bonuses that reward better outcomes. The idea was to shift physician income toward performance rather than volume, while keeping the fee schedule sustainable for a program covering 67 million people. For 2026, Congress approved a 3.26% increase, the largest in years.
But physician groups say the math hasn't worked. Practice costs have climbed roughly 39% since 2001, far outpacing those small updates. The 2026 increase includes a one-time 2.5% add-on that expires, and it's offset by a separate efficiency adjustment — so the underlying statutory rate barely moves. The quality bonuses haven't filled the gap either.
The AMA says Medicare now pays less than what it costs many practices to deliver care, and some worry it could get harder for seniors to find doctors who accept Medicare — especially in rural areas and primary care. Whether the answer is larger fee updates, better-funded bonus programs, or a different payment model entirely remains an open question.
The case for moving beyond fee-for-service is compelling. Value-based care ties provider income to outcomes instead of volume — rewarding doctors and hospitals for keeping patients healthy, not for ordering more tests. Medicare Advantage introduced private market competition, with insurers using cost control tools like prior authorization and care coordination that commercial plans have relied on for decades. That's exactly why policymakers brought private insurers into Medicare: the idea that competing plans would deliver care more efficiently. Advocates also argue that emerging technology, including AI, can reduce the burden of outcomes tracking and help modernize care delivery.
But the transition has real trade-offs. Fee-for-service, for all its flaws, is simple and gives patients unrestricted access to providers. Prior authorization — one of managed care's primary cost controls — has created significant administrative burden for providers, and critics argue it has led to unnecessary delays in care. Studies have also shown MA often costs Medicare more per beneficiary than Original Medicare, raising questions about whether the efficiency promise has been delivered. Some provider groups, rural practices that lack the infrastructure to track outcomes data, and some policymakers argue FFS should be reformed rather than replaced.
CMS remains committed to both value-based care and Medicare Advantage as the program's future. The fundamental question: can Medicare find a model that controls costs, reduces fraud and waste, improves health outcomes, and still protects patients?
Major insurers have been buying up doctor's practices, clinics, and primary care chains — and there's a reasonable case for why. When one organization manages both coverage and delivery, it can coordinate care, reduce duplication, and invest in prevention. Some of the highest-rated MA plans are integrated systems, and studies in JAMA and from the Commonwealth Fund have found that well-run integration leads to better outcomes.
But critics argue integration has also opened a backdoor around the Medical Loss Ratio, which requires plans to spend at least 85% of revenue on patient care. When an insurer owns the provider, the money it pays for care flows right back to itself — and rising costs actually increase the dollar amount it can keep.
Risk adjustment has a related problem: plans receive higher payments for sicker members, which creates an incentive to document every possible diagnosis — inflating risk scores without changing patient care. The GAO estimates this costs taxpayers billions per year. CMS is responding on both fronts, tightening risk adjustment rules in 2027 and seeking public input on how MLR is calculated. But with consolidation accelerating, the central question remains: is integration delivering better care — or are the financial incentives tilting toward profit?
Medicare Advantage plans offer extras that Original Medicare doesn't cover — dental, vision, hearing, over-the-counter allowances, grocery cards, and gym memberships. Supporters argue these benefits address real gaps in coverage. Untreated dental or vision problems lead to costlier health issues down the road, and for many seniors on fixed incomes, these extras are the difference between getting care and going without. Spending on supplemental benefits has nearly tripled in a decade, reflecting genuine demand.
But critics question whether all of these extras actually improve health outcomes — or whether some are primarily marketing tools designed to drive enrollment and grow market share. CMS began limiting some Special Supplemental Benefits for the Chronically Ill (SSBCI) in 2026, and some policymakers want to go further, restricting extras to members whose chronic conditions would benefit most. With supplemental benefits now a top reason seniors choose Medicare Advantage, the tension between meeting real needs and sustaining the program is only growing.
Medicare has two funding mechanisms. One has a deadline that forces action. The other is an open tab on the national credit card — with no limit and no plan to pay it off.
Most Medicare media coverage is about Part A's trust fund — funded by payroll taxes, projected to be insolvent by 2033, and Congress has always stepped in before the deadline. But Part A has a built-in discipline mechanism: when the money runs out, action is forced. The more serious problem is the one that gets far less attention.
Medicare Part B — doctor visits, outpatient care, lab work, drugs administered in clinical settings, ambulance services, durable medical equipment — is funded roughly 75% by general tax revenue and 25% by beneficiary premiums. It technically has a trust fund (the Supplementary Medical Insurance Trust Fund), but unlike Part A's, it's designed to never run out. That was intentional: Congress built Part B's auto-appropriation to guarantee that beneficiaries would never lose access to care because of a revenue shortfall. Premiums are recalculated each year, and general revenue fills the rest — no vote required. The trade-off is that this design removed the cost-forcing mechanism Part A has. There is no insolvency deadline to trigger action. A funding warning trigger created in 2003 has sounded repeatedly, but Congress has not acted on it. The money continues to flow, automatically, from the U.S. Treasury.
According to CBO projections, Part B's share of Medicare is growing faster than almost any other federal obligation, and because it draws from general revenue, every dollar of growth adds directly to the federal deficit. The 2026 standard Part B premium rose to $202.90 per month — a nearly 10% jump from 2025 — reflecting this accelerating cost curve. But the premium increase covers only a quarter of Part B's cost. The other three-quarters flows directly into the national debt. According to MedPAC's March 2025 report, 17% of all federal income tax revenue already goes to fund Part B and Part D — and that share is projected to reach 22% by 2030.
When economists say Medicare will reach 6.2% of GDP by 2049, that sounds manageable against a $30+ trillion economy. But the government doesn't collect the whole economy. Federal revenue — mostly income taxes, payroll taxes, and corporate taxes — has historically hovered around 16–18% of GDP, rarely cracking 20%. Most economists agree that pushing federal revenue much above 20% of GDP creates significant drag on economic growth, and historically we've never sustained that level outside the post-WWII era. So we can't simply tax our way out.
The more honest question isn't "what share of GDP does Medicare consume?" It's "what share of the federal budget does Medicare consume?" According to CBO and KFF, net Medicare spending already accounts for about 13% of the federal budget — and that's after subtracting premiums beneficiaries pay. As costs grow toward 6.2% of GDP, that share will climb toward 21% or higher — meaning roughly one in five federal dollars goes to a single program. And because the government already spends more than it collects, every dollar of that growth is borrowed.
The national debt has crossed 100% of GDP. Net interest payments alone exceeded $1 trillion in recent years — and that interest is itself borrowed, creating a compounding cycle. Medicare's growing claim on general revenue is piled onto a balance sheet that's already deep in the red. The GDP framing creates a false sense of comfort; the federal budget framing reveals the urgency.
Part B was designed in 1965 when Medicare covered far fewer services and far fewer people. Today, with 65 million enrollees and an ever-expanding list of covered services — outpatient treatments, clinical drugs, ambulance, diagnostics, and more — the program's claim on general revenue grows every year — and the one structural check that exists has been ignored every time it's been triggered.
Every debate in this document — site neutrality, doctor pay, managed care, insurer incentives, supplemental benefits — connects back to this underlying reality: Medicare's costs are growing faster than the economy, and the largest piece of that growth is funded by borrowing. Until Congress addresses Part B's open-ended claim on general revenue, the national debt will continue to absorb the difference. This isn't a future problem. It's happening now, in every federal budget, every fiscal year.
Across two very different administrations, CMS has been moving Medicare in the same direction: away from fee-for-service, toward value-based care, and under tighter cost controls. The tools and rhetoric differ, but the trajectory has been remarkably consistent. Much of this is still taking shape — but the direction is clear. Understanding where things are headed helps you make smarter choices about your coverage today.
Note: This section describes enacted legislation, current CMS initiatives, and public statements by agency leaders. Policy direction can shift with new administrations, congressional action, or court rulings. It reflects where things stand as of early 2026.
The Inflation Reduction Act of 2022 set in motion the most significant structural changes to Medicare Part D in the program's history. Starting in 2025, enrollees have a hard annual out-of-pocket cap (now $2,100 for 2026), the donut hole has been eliminated, and costs can be spread across monthly payments. The drug price negotiation program scales each year:
These provisions are now law regardless of who is in office, and their impact on drug pricing, plan design, and insurer economics will compound year after year.
The Biden-era CMS also moved to rein in alleged Medicare Advantage marketing abuses. Senate investigations found that insurer payments to agents, brokers, and third-party marketers — including bonuses and fees outside standard CMS-regulated commissions — had nearly tripled to $6.9 billion by 2023. CMS attempted to restructure agent compensation, but a federal court struck down the key provisions in 2024. Other regulatory moves included faster prior authorization requirements for MA plans and site-neutral payment cuts. These reforms laid the groundwork the current administration is now building on.
Oz's priorities center on technology, deregulation, and accountability. He has pushed agentic AI as a tool for every Medicare beneficiary and championed a $50 billion, five-year Rural Health Transformation Program built on telehealth and AI. On prior authorization, Oz and HHS Secretary Kennedy brokered a voluntary pledge from 12 major insurers in June 2025 to reduce prior auth volume, honor authorizations during plan transitions, expand real-time approvals, and ensure medical professionals review all clinical denials — with a threat of regulation if they don't follow through. Supporters say cutting red tape will accelerate innovation and lower administrative costs; critics worry that less oversight could weaken consumer protections, and that voluntary pledges depend on sustained follow-through.
CMS is rolling out new payment models designed to replace fee-for-service with outcome-based accountability:
Launched January 1, 2026, TEAM covers five major surgical procedures — including joint replacements, spinal fusions, and coronary artery bypass grafts — in 188 metro areas covering 25% of Medicare beneficiaries. Hospitals receive a target price for the entire episode including 30 days of post-acute care. Beat the target, keep the savings; exceed it, owe money back. It's the clearest signal that CMS views fee-for-service as a system it intends to phase out — not reform.
A voluntary 10-year model launching July 2026 that pays providers recurring fees to manage diabetes, hypertension, chronic pain, and depression — with full payment tied to measurable health improvements, not office visits. Over 150 organizations accepted so far, with rolling applications through 2033.
Running 2026–2031 in six states, WISeR targets specific services with historically high rates of waste and abuse, including skin substitutes, nerve stimulator implants, and knee arthroscopy for osteoarthritis — focusing enforcement where the data shows the most misuse.
Physicians are the only Medicare provider type without an automatic inflation adjustment. Pay has declined 33% in real terms since 2001, and the one-time 2.5% bump Congress approved for 2026 expires at year's end. The AMA warns Medicare now pays less than practice costs for many physicians.
But providers are also part of the cost problem. Fee-for-service incentivizes volume over value, and a subset of bad actors has exploited it — FFS improper payments totaled $28.8 billion in fiscal year 2025. Even well-intentioned providers face structural incentives to over-order. CMS finalized a new "efficiency adjustment" in 2026 that cuts payments for surgical specialties, radiology, and pathology — signaling it sees overutilization as a problem to address alongside underpayment.
The squeeze is reshaping care delivery. Hospitals acquire physician practices partly because Medicare pays two to four times more for identical outpatient procedures in hospital settings — a payment gap that has driven decades of consolidation. At the other end, concierge and direct primary care sites grew 83% from 2018 to 2023 as physicians exit traditional insurance models. The result:
MA payments in 2026 are an estimated $76 billion — 14% — above what the same beneficiaries would cost in Original Medicare. Two forces drive this gap: favorable selection and coding intensity.
Favorable selection is counter-intuitive, so it's worth explaining. Healthier people tend to choose MA — attracted by low premiums and extra benefits — while sicker beneficiaries often stay in or return to Original Medicare for its unrestricted provider choice. But CMS pays MA plans based on what it expects each enrollee would cost. The result: plans get paid for average-cost enrollees who actually cost less. The visual below walks through how this works.
The DOJ has pursued fraud and False Claims Act cases against virtually every major carrier, including Cigna ($172M settlement, 2023), a 2025 lawsuit against Aetna, Elevance Health, and Humana for kickback schemes, and an ongoing criminal investigation into UnitedHealth Group that expanded to include Optum and physician reimbursement — a level of scrutiny that goes well beyond civil cases.
The 2027 final rate notice excluded diagnoses from unlinked chart review records from risk score calculations — a direct move to curb upcoding. CMS is signaling it intends to bring MA costs closer in line with Original Medicare over time.
Perhaps the most consequential signal is Klomp's March 2026 acknowledgment that CMS is studying automatic enrollment of new beneficiaries into either a Medicare Advantage plan or an ACO — rather than the current default of fee-for-service. Beneficiaries would be auto-enrolled into managed care with the option to opt out. It would require congressional approval and remains speculative, but aligns with Project 2025 recommendations and a House bill (H.R. 3467) targeting auto-enrollment by 2028. If implemented, it would fundamentally change Medicare's structure.
Government and institutional sources
Peer-reviewed and academic sources
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CMS is aggressively overhauling how Medicare dollars are spent, and demanding measurable value in return. Providers and insurers alike are facing tighter reimbursements and higher accountability for outcomes. The plan you enroll in today may look meaningfully different within a few years — I can help you understand what's changing and make sure your coverage still fits.
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