CMS Marketing Guidelines
In this post Crowe and Associates will give you some information about the CMS Marketing Guidelines. There have been a few small changes to the Marketing Guidelines for 2018. We will list them below.
- This year the CMS will require the use of multi-language inserts – this is in keeping with section 1557 of the ACA.
- Plan Sponsors will have to use a non-English Language Disclaimer – on ANOC/EOC, LIS Rider, Comprehensive or Abridged Formulary, Star Ratings and Summary of Benefits, as well as Part D Transition Letters.
- The new guidelines will include many changes pertaining to how and when a Plan Sponsor can use its Star Ratings. CMS will provide a Gold Star icon every fall to 5 Star Plans. The 5 Star Plans can use the gold star rating on their marketing material. Other plans may NOT create their own gold star icon.
- Unsolicited Electronic Communication – Plan Sponsors will be required to include an opt-out process for enrollees and the draft instructs Plan Sponsors that an individual “liking” the Plan’s social media page does not constitute the individual agreeing to receive communications from the Plan Sponsor outside of the social media forum.
- Provider Affiliation Announcements – Both Plan Sponsors and providers will be allowed to announce new or renewed affiliations only when an agreement between the parties has been approved and the draft clarifies that such announcements that describe plan benefits, premiums, or cost sharing are marketing materials and must be submitted to HPMS, and that the Plan Sponsor is responsible for ensuring that providers comply with the MMG distribution and mailing guidance for Provider-Based Activities.
- Review of Marketing Materials in the Marketplace – Plan Sponsors must report to CMS all self-identified errors in any marketing materials.
CMS Marketing Guidelines: Third-Party Websites
- This is a new section, at 100.7. The draft requires Plan Sponsors to submit third-party marketing websites to HPMS. Sponsors must do this even if they do not include benefit information on the third-party website. CMS recognizes that website owners may work with multiple Plan Sponsors. Therefore they recommend that the Plan Sponsors coordinate the multi-plan submission. There is also a list of things that can not be listed on the websites.
- If you have any questions, please contact us either by phone at (203)796-5403 or by email at [email protected]
CMS Marketing Guidelines: Click here for the Medicare Marketing Guidelines – 2018.
Note: The guidelines listed are the 2017 guidelines. As we state above, 2018 is just about ready to go. Although, it is still officially a draft until final approval. We will update the link to the Medicare Marketing guidelines once the guidelines for 2018 have received final approval.