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On Wednesday, April 5, the Centers for Medicare & Medicaid Services (CMS) issued long-awaited rules pertaining to, among other matters, the marketing of Medicare Advantage (MA) plans. These rules were developed with the intention of protecting Medicare beneficiaries from misleading or deceptive advertising practices. Our leadership quickly activated a task force to study the newly published rules in detail and clarify their implications for our agents' businesses.

The new rules go into effect on June 5 and will be applicable on Sept. 30 for coverage beginning January 1, 2024. This means that they will impact activities that will take place during this year’s Medicare Annual Enrollment Period (AEP), which begins on Oct. 15.

While the new CMS rules are applicable on Sept. 30, there are steps agents and agencies can start right now.

• Audit lead generation and marketing materials and evaluate against the newly issued CMS regulations. Lead generation and marketing materials include:
  • Internet ads
  • Direct mail pieces
  • Call scripts
  • Web pages
  • Emails
    
• Identify marketing materials, including materials that mention plan benefits, premiums, and cost-savings; and evaluate.
• Be cautious where the Medicare logo is used on any advertising or in a misleading manner when used for MA or PDP marketing.

PSM anticipates rolling out insight and guidance over the coming weeks. While these efforts are underway, please continue to adhere to current compliance guidelines and submit any marketing materials developed over the normal course of business through your usual approval processes.

Should you have questions related to the CMS announcement, please email them to info@psmbrokerage.com.