2024 CMS Regulations Compliance: Medicare Advantage Advertising
Agents must stay abreast of the yearly changes to the Center for Medicare and Medicaid Services’ (CMS) regulations. For the coming year, 2024, there are new regulations to observe in the realm of advertising and marketing.
For Third Party Marketing
TPOs submit all marketing materials for Medicare Advantage and Prescription Drug Plans, or Part D plans to CMS before use.
Use only Marketing materials approved by CMS.
Online videos or television advertisements used in marketing are subject to a 45-day review period by CMS.
Allow carriers to preview and approve materials before submitting to CMS’ Health Plan Management System (HPMS).
These new guidelines mean that even advertisements that do not mention any specific plans by name are considered marketing materials and must be submitted to the CMS HPMS for approval prior to their use.
What Agents Need to Know
Use either carrier-created advertising materials or create communications rather than marketing materials. Communications are defined as ads that do not have intent or content. These are compliant with CMS, state, and federal guidelines. Because communications are not marketing materials, they do not need to be submitted to CMS prior to use.
CMS will withdraw any marketing materials that are no longer in compliance.
Agent-created multi-plan marketing materials will need to be submitted separately to compliance. Send these to the carriers listed for review and possible approval. After approval, file the materials with CMS’ HPMS. The insurance carriers will conduct their own reviews. All submitted materials will need a Standard Material ID on them (SMID), and agents and their agencies are responsible for creating and tracking those IDs.
Include an additional disclaimer on all marketing materials. This is required for the 2024 contract year Agents who do not sell for all carriers in a service area must include the following on their materials on and after September 30:
We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) to get information on all of your options.
For agents who do sell for all of the insurance carriers in a service area, the following disclaimer is required:
Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. You can always contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) for help with plan choices.
These disclaimers must be written on printed marketing materials, visible on email communications, and visible in any television or internet ads, as well as displayed on websites.
Q: Are all marketing materials impacted?
A: Yes. All partners who create or use multiplan marketing materials must submit their materials to the compliance email address. Use the carrier created ad materials.
Q: Can I market new plans prior to October 1st?
A: No, agents cannot market new plans for the coming contract year prior to October 1st.
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