When and How to Use Medicare Disclaimers on Marketing Materials

Infographic about the Medicare Marketing Guidelines for Disclaimers on Marketing Materials

Agents should keep disclaimers in mind when creating marketing materials. Generally, most agents and brokers do not create their own marketing materials, relying instead on their plan sponsor’s point-and-click materials. But, say you want to create your own to advertise a sales event or encourage your current enrollees to set up an appointment. Here’s what you need to know.

Do I Have to Put Disclaimers on All my Medicare Marketing Pieces?

No. According to CMS rules (Medicare Communications and Marketing Guidelines, Appendix 2), disclaimers are not required on the following types of marketing materials:

  • ID cards
  • Banners and banner-like ads
  • Envelopes
  • Outdoor advertising
  • Text messages
  • Social media (See below.)

Do Social Media Posts Need Disclaimers?

As stated above, social media posts do not require a disclaimer. But, a post that mentions specific information (e.g. premium costs) about a Medicare plan must be reviewed by your carrier and CMS. Think of it this way: If you can’t say something in an email or flier, then do not post it on social media.

Keeping your social media posts generic is advised, and it’ll save you a lot of work, too. Here’s an example of a generic Facebook post that does not mention specific information about a Medicare plan:

But if you decide to share information about specific Medicare plans in a social media post, there is a tedious approval process you must go through first. A post that discusses specific plan information (e.g. coverage) would meet CMS’ definition of marketing. Therefore, the post’s content would need to be submitted to the carrier you represent. The carrier would then submit it into CMS’ Health Plan Management System (HPMS) for approval (MMG, Section 70.3). Also, you should know that many carriers are less likely to participate in this approval process for a one-off marketing piece for a single agent. Again, staying generic is your best bet where social media is concerned.

Where Can I Get More Medicare Marketing Guidance?

Excelsior can help you enhance your local presence in the senior market with affordable, CMS-approved print and direct mail pieces. Through Excelsior, you can mail these high-quality materials directly to your client or prospect list. Also, Excelsior’s resource center is available to you 24/7. To learn more about how the Excelsior team can help double, or triple, your income, contact us.

Note: For the most current information, see the CMS Medicare Marketing Guidelines.


https://www.cms.gov/Medicare/Health-Plans/ManagedCareMarketing/Downloads/CY2019-Medicare-Communications-and-Marketing-Guidelines_Updated-090518.pdf | http://snpmoc.ncqa.org/

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