CMS Federal Register
The CMS Federal Register is where the Centers for Medicare and Medicaid services published all of the documents. This includes rules, proposed rules and notices. The proposed CMS rules are published in the document that allows comments for a certain period of time. In fact, there was a proposed rule added on 12/27/2022 that includes changes to the Medicare program contract for the year 2024. This includes new rules and regulations for both the Medicare Advantage and the Prescription drug benefit program. Changes to Medicare Cost plans and other rules that will become part of the Medicare Communications and Marketing Guidelines for 2024 are also included. CMS MCMG for 2024
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CMS Federal Register: Potential changes to other areas in addition to Medicare marketing rules
The proposal on the register as of 12/27/2022 includes other changes. This includes changes in the provisions of the Affordable Care Act as well as programs of care for the elderly. There are changes to health information technology stndards and implementation. While the additional pending changes do not directly affect Medicare agents and how they can compliantly market, they will make changes to the experience of the Medicare beneficiary. Below are highlights of some of the more impactful changes.
Potential changes of the proposal
The CMS Federal Register document would potentially have a major impact in the following areas:
- New rules for an organization or person in the definition of TPMO TPMO would not be able to share beneficiary information. This basically means that lead vendors would not be able to generate leads and send them to another TPMO. This could have major implications for a sales organization or agent that relies on leads generated by a third party lead vendor.
- Lead would only be valid for 6 months. There is not a limit currently.
- The Medicare Scope of appointment would need to be obtained 48 hours prior to the sales meeting. They removed the “When practicable” language meaning there would be no exceptions
- The language regarding call recordings would be cleaned up to be more specific and provided clarification
- CMS will take a more proactive role when it comes to consumer complaints
- Agents/advertisers will no longer be permitted to use the Medicare card logo. That may include no longer being able to have the word “Medicare” in any company title, websites or business cards.
- There could not longer be a sales meeting immediately after a Medicare educational meeting
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CMS Federal Register: Other areas
The new proposal would address other areas as well:
- Prior Authorizations by MA plans will follow similar rules to those currently in place with Original Medicare
- New election for Medicare Part D? Currently, enrolling in Medicare Part B is not an election for Medicare Part D. The language seems to imply it would become one in 2024
- The sales disclaimers may be changed to include additional language
- CLICK TO WATCH VIDEO ON CURRENT DISCLAIMERS AND CHANGES FOR 2024
The official website to review the posted document
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