State and Federal Roles in Medicare Marketing and the Inevitable Power Struggle in Governing AI

Kathy Roe, Managing Attorney, Health Law Consultancy, speaks with Helaine Fingold, Partner, Epstein Becker Green PC, and Laurie Poulos, General Counsel and Chief Compliance Officer, TRANZACT, about the tension between the Centers for Medicare & Medicaid Services (CMS) and state insurance departments over Medicare Advantage (MA) marketing. They discuss where things stand now and how Medicare Advantage Organizations and agents/brokers can navigate this environment. They also discuss what CMS has had to say about artificial intelligence (AI) and MA marketing, and where CMS and state insurance departments may have concerns about the application of AI to MA marketing. Helaine co-authored a Health Law Connections article about this topic. From AHLA’s Payers, Plans, and Managed Care Practice Group.Watch this episode: https://www.youtube.com/watch?v=dD4LVRU4zLgRead Helaine’s Health Law Connections article: https://www.americanhealthlaw.org/content-library/connections-magazine/2026/may-june-2026/managed-care-who-calls-the-shots-state-and-federal Learn about AHLA’s Payers, Plans, and Managed Care Practice Group: https://www.americanhealthlaw.org/practice-groups/practice-groups/payers-plans-and-managed-care Essential Legal Updates, Now in AudioAHLA's popular Health Law Daily email newsletter is now a daily podcast, exclusively for AHLA Comprehensive members. Get all your health law news from the major media outlets on this podcast! To subscribe and add this private podcast feed to your podcast app, go to americanhealthlaw.org/dailypodcast.Stay At the Forefront of Health Legal EducationLearn more about AHLA and the educational resources available to the health law community at https://www.americanhealthlaw.org/.