The purpose of this bulletin is to provide guidance on unsolicited contact with a beneficiary and the potential penalties for non-compliance with CMS regulations.
According to CMS’ Medicare Communications and Marketing Guidelines, marketing through unsolicited contact is strictly prohibited.
Violating CMS rules can result in serious consequences, including:
Civil monetary penalties
Criminal penalties
Exclusion from federal healthcare programs
Termination of carrier contracts
⚠️ These penalties can affect not only the individual agent but also the organization as a whole.
Conventional mail and other print media (e.g., direct mail, newspaper ads)
Email, provided it includes a clear opt-out option
Door-to-door solicitation, including leaving flyers or leaflets
Approaching potential enrollees in common areas (e.g., parking lots, hallways, sidewalks, etc.)
Telephonic solicitation (including voicemails) without prior express written consent
If a beneficiary misses a scheduled appointment, you may leave Medicare-related information at their residence.
If a beneficiary gives permission to be contacted, it must be event-specific—not open-ended for future contact.
A completed SOA form is NOT permission to door-knock.
If you have a valid SOA, you must schedule a follow-up appointment to conduct your sales presentation.
You cannot door-knock for the purpose of discussing or selling Medicare Advantage plans.
If you are working a Turning-65 lead, the only allowable action is to:
Provide your business card
Invite the consumer to schedule an appointment
For questions or further clarification, please contact our compliance team. Stay informed, stay compliant, and protect your business.