Before you set up your marketing booth in a healthcare facility or approach individuals in healthcare settings to advertise Medicare plans, know the rules (Section 70.5).
Can I Conduct Marketing Activities in Any Healthcare Facility?
No. You can only conduct marketing activities in provider facilities with which a plan sponsor has an agreement for such activities. Provider facilities include hospitals, pharmacies, and long-term care residences such as nursing homes and assisted-living facilities. For long-term care facilities, there are special requirements when it comes to who marketing materials can be distributed to.
What Areas in a Healthcare Facility Am I Permitted to Conduct Marketing Activities?
You can participate in marketing activities in common areas only. Common areas are generally any space that’s not dedicated to the facilitation of healthcare service, such as a:
- Conference room
- Recreational room
What Areas in a Healthcare Facility Am I Prohibited from Conducting Marketing Activities?
Participating in any marketing activity—such as distributing and accepting enrollment applications, conducting sales presentations, and soliciting beneficiaries—is not allowed in areas where individuals receive or wait to receive healthcare service. These areas include:
- Exam rooms
- Waiting rooms
- Hospital patient rooms
- Dialysis treatment areas
- Pharmacy counter areas (If a pharmacy is in a retail store, the restricted area would be the section where individuals interact with pharmacy staff and receive medications.)
Keep in mind: These restricted areas are off limits even after normal business hours.
Can I Distribute Marketing Materials in Healthcare Facilities?
You can distribute such materials in common areas.
What About Leaving Materials in Patient Care or Waiting Areas?
While you can’t leave materials in restricted areas yourself—because this would be considered a marketing activity—Medicare does allow you to give materials to providers or facility staff to distribute on your behalf. So a healthcare staff member can leave materials in a restricted area, such as waiting room.
Leaving Materials With Long-Term Care Facility Staff
You can provide long-term care facility staff with brochures for Institutional Special Needs Plans (I-SNPs) that the facility contracts with. The facility staff must distribute brochures only to residents who meet the eligibility requirements for enrollment. Brochures may include eligibility requirements and benefits of an I-SNP. In addition, brochures may include a reply card or your telephone number for a resident or responsible party to request more information or a meeting.
Ready for More Medicare Marketing Guidelines?
Excelsior’s online resource center offers a wealth of information to help you sell and market Medicare plans compliantly. We breakdown the MMG rules on direct marketing, marketing during a sale, marketing for AEP, and more. Plus, our regional sales directors and support team are a knowledge-rich resource for you. Contact us to learn about our unique cross-selling model that can help you double, or triple, your income.
Note: For the most current information, see the CMS Medicare Marketing Guidelines.