Keep Your Medicare Materials Clear and True


Medicare marketing materials are a crucial part of selling, but remember that words matter. Brokers cannot distribute material that is inaccurate, misleading, or otherwise makes misrepresentations, according to the Centers for Medicare & Medicaid Services’ Medicare Marketing Guidelines, Section 40.4. Follow these guidelines to stay compliant.

Can Brokers Claim That a Plan Has Been Endorsed by CMS?

No. You cannot claim that any plan has been recommended or endorsed by CMS, Medicare, or the Department of Health & Human Services (DHHS).

Can Brokers Claim That a Plan Is Approved for Participation in Medicare Programs?

Yes. You can state that a plan is approved for participation and/or contracted to administer Medicare benefits.

Can Brokers Claim That a Plan Is “Medicare-Approved”?

Yes.

Can Brokers Claim That Any Particular Plan Is the Best?

Only if the claim can be supported. Absolute or qualified superlatives, such as “highest ranked,” “the best,” “one of the best,” or “among the highest ranked,” cannot be used unless they can be substantiated with data provided to CMS as part of the review process or if they are used in logos or taglines. To avoid confusion or accidentally misleading prospects, it’s best to leave out these kinds of phrases in your material.

Can Brokers Call Zero-Dollar Premiums ‘Free’?

No. You can’t use the term “free” to describe zero-dollar premiums or in conjunction with any reduction in premiums, deductibles, or cost-sharing.

Can Brokers Call Zero-Dollar Supplemental Benefits ‘Free’?

Yes. You can use the term “free” when discussing mandatory supplemental benefits, such as health checkups and routine vision exams, that are provided at a zero-dollar share for all enrollees. Mandatory supplemental benefits vary from plan to plan.

Can Brokers Refer to Medicare Savings Plans (MSAs) Providers as a ‘Network’?

No. They are “contracted preferred providers.”

Can Brokers Claim That MSAs Are a Supplement to Medicare?

No.

Where Can I Get More Medicare Marketing Guidance?

To learn more about the Excelsior team and how we can help your business, contact us.


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References
https://www.cms.gov/Medicare/Health-Plans/ManagedCareMarketing/Downloads/CY-2018-Medicare-Marketing-Guidelines_Final072017.pdf

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