For agents and brokers in the Medicare space, staying compliant with CMS marketing regulations is crucial. Every year brings updates, and 2024 is no different. This guide unpacks the key changes you need to know to ensure your marketing efforts are compliant and effective.

CMS defines marketing broadly as any content that mentions benefits or aims to influence beneficiary decisions about plan selection or enrollment. This includes, but isn’t limited to, materials that mention dental, vision, cost-savings, or hearing services. All marketing materials must be submitted and approved by CMS by July 10, 2023.

Furthermore, CMS compliance can be broken down into two categories: communications and marketing. Communications are activities and materials aimed at providing information to current and prospective enrollees, while marketing is a subset of communications that must adhere to stricter intent and content standards.

While most CMS regulations focus on how you talk about plan benefits, there are still things you can do to promote yourself and your services.

• Promote Yourself, Not the Carrier: As an independent broker, you can be contracted with multiple carriers, offering a wider range of plans for your clients. Focus on promoting your expertise and value proposition – how you help clients navigate the Medicare system and find the right plan for their needs.

Transparency is key in any business, and CMS is emphasizing it with new rules. These include:

• No “Medicare” in Branding: You can’t use “Medicare” in your website domain, business name, or branding materials. This extends to the red, white, and blue Medicare card and official government logos. Essentially, you need to make it clear that you’re an independent agent with no affiliation to the federal government.
• Leverage Pre-Approved Marketing Materials: Save time by using pre-approved marketing materials from your carriers. These materials have already been submitted and approved by CMS, streamlining your marketing process.

Understanding the distinction between educational and marketing events is crucial.

• Educational Events: These events aim to provide unbiased information about Medicare, such as an overview of Parts A & B or the differences between Medicare Supplement and Advantage plans. Agents can answer attendee questions about Medicare plans in general, but beneficiaries must initiate the conversation. You can also provide communication materials, offer meals within compliance guidelines, and collect contact information – but only if they volunteer it.
• Marketing Events: These events can provide plan-specific information and allow beneficiaries to schedule appointments for further discussion. However, you cannot require attendee contact information or have a sign-in sheet. You can offer them the option to provide their information if they’d like to learn more.

Yearly certifications like the AHIP exam cover the dos and don’ts of CMS compliance. Here are some key points to remember:

• Medicare isn’t just for seniors.
• Avoid using misleading terms like “free” when referring to plans or benefits.
• Don’t use superlatives like “best” or “only” unless you have CMS-approved data to back it up.
• Be honest and transparent. Don’t make false claims.
• It’s okay not to know all the answers. Be upfront and offer to research questions you can’t answer on the spot.

Here’s a breakdown of some key changes for 2024:

For MA Plans & Part D Sponsors:

• Include the following disclaimer at the bottom of your website, email signature, and all marketing materials (excluding banner/banner-like ads, envelopes, outdoor ads, social media posts, digital/search ads, and text messages): “Plans are insured or covered by a Medicare Advantage (PPO & PFFS) organization with a Medicare contract and/or a Medicare-approved Part D Sponsor. Enrollment in the plan depends on the plan’s contract renewal with Medicare.”

For all promotions and prizes:

• Include the disclaimer: “[Includes description of free gift/drawing/prize/giveaway item/service] with no obligation to enroll.”

For all educational and sales/marketing events:

• Include the disclaimer: “For accommodations of persons with special needs at meetings, call [insert phone and TTY number].”

At Insurance Advisors Direct, we are committed to helping our agents stay compliant with all CMS regulations. We provide:

• Comprehensive Training: Our training programs cover all aspects of CMS Medicare Marketing Compliance, including the latest updates and best practices.
• Access to Carrier Resources: We provide our agents with access to carrier-approved marketing materials and resources.
• Dedicated Support: Our team of experts is available to answer your questions and provide guidance on any compliance-related concerns.

By staying informed and adhering to all CMS regulations, you can build a successful and ethical insurance practice while protecting yourself and your clients.