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Federal rule, April 2023

Your Medicare Advantage plan must follow regular Medicare's coverage rules

Issued by

No photo on file, so initials stand in.

  • 90 days minimum transition without disruption or reauthorization for active treatment
  • 34.1 million people enrolled in Medicare Advantage in 2025

Working now. In effect since January 2024.

What it means for you

Since January 2024, Medicare Advantage plans must follow traditional Medicare's coverage criteria. An approval for ongoing treatment lasts as long as medically necessary. New plan enrollees in active treatment get at least 90 days before reauthorization.

Who benefits: People in Medicare Advantage plans; KFF counted 34.1 million enrollees in 2025.

If you’re in a Medicare Advantage plan, the plan has to follow traditional Medicare’s national and local coverage decisions and general coverage rules. A plan can write its own criteria only where Medicare’s rules aren’t fully set. Those criteria must be based on current evidence in widely used treatment guidelines or qualifying clinical literature and must be public. Before a plan issues a medical-necessity denial, a licensed physician or other appropriate health professional with expertise relevant to the requested service must review it.

Once your plan approves a course of treatment, the approval stays valid as long as medically necessary under the applicable coverage criteria, considering your medical history and your treating provider’s recommendation. If you’re in the middle of treatment and switch to a new plan, the new plan must give you at least 90 days without disrupting the treatment or requiring reauthorization. You don’t need to apply for these protections. Any Medicare Advantage organization that uses prior authorization or other utilization-management policies must also have a committee that reviews those policies against Medicare’s rules each year.

The Centers for Medicare & Medicaid Services issued the rule in April 2023. CMS Administrator Chiquita Brooks-LaSure approved the document, and Health and Human Services Secretary Xavier Becerra signed it. The protections applied to coverage starting January 1, 2024. The rule also cracked down on misleading Medicare Advantage ads. CMS’s 2027 rule removed the committees’ health-equity duties but left these coverage and continuity protections in place.

Health careSeniors

Sources

  1. 2024 Medicare Advantage and Part D Final Rule (CMS-4201-F)Centers for Medicare & Medicaid Services, April 5, 2023
  2. HHS finalizes rule to strengthen Medicare, improve access to affordable prescription drug coverage, and hold Medicare Advantage plans accountableCenters for Medicare & Medicaid Services, April 5, 2023
  3. Medicare Program; Contract Year 2024 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the ElderlyFederal Register (via GovInfo), April 12, 2023
  4. Contract Year 2027 Medicare Advantage and Part D Final RuleCenters for Medicare & Medicaid Services, April 2, 2026
  5. Medicare 101KFF, October 8, 2025

How we checked this

Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 11, 2026, which corrected it. Confirmed the protections remain in effect in the current regulations. Narrowed claims that overstated the rule and corrected the official rule name, committee scope, impact label, credit notes, and KFF source metadata.

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From left: Chi Ossé (D), Bill Stanley (R), and Louise Lucas (D).

From left: Chi Ossé (D), Bill Stanley (R), Louise Lucas (D), Emmett Hanger (R), and Michelle Hinchey (D).

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tab

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tabSee the photo of Hanger (Senate of Virginia), opens in a new tab© Senate of Virginia, used as a drawing reference.See the photo of Hinchey (NY Senate, via Wikimedia Commons), opens in a new tabCC BY 2.5.