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Special ProgramsThe key consideration when it comes to marketing guidelines is whether a particular material constitutes a marketing material or a communication material.
Marketing material — materials that contain carrier and/or product information (e.g., plan name, plan costs/benefits).
In 2023, CMS expanded the definition of marketing to “include content that mentions any type of benefit covered by the plan and is intended to draw a beneficiary’s attention to plan or plans, influence a beneficiary’s decision-making process when selecting a plan, or influence a beneficiary’s decision to say enrolled in a plan (that is, retention-based marketing).”
CMS further clarified, “content that beneficiaries can receive benefits such as dental, vision, cost-saving, and/or hearing services is sufficient information about plan benefits, benefits structure, or cost sharing to meet the content standard in the definition of marketing. “ The use of these statements in advertisements and activities directed to Medicare beneficiaries clearly meets the standard.
Any material or activity that is distributed via any means (mailing, tv, social media, etc.) that mentions any benefit will be considered marketing and must be CMS and/or carrier approved. Submit HERE for Spark assistance in submitting to carrier/CMS for approval
(Generic) communication material — self-created communication materials that are free of any plan, benefit or product information, brands or carrier logos (e.g., agent’s flyer for his/her business). Does not need to be CMS approved, but must comply with CMS guidelines.
Communication material must be approved by Spark and may need Carrier approval. Please submit material HERE for compliance review.
Note: Medicare Advantage and Prescription Drug Plan carriers may allow the use of their logo or name in certain circumstances such as on websites, but agents must get carrier approval first.
Recommended Disclaimers:
- Use this Disclaimer on Generic communication materials: “Not connected with or endorsed by the U.S. government or the federal Medicare program.”
- Use this Disclaimer on Marketing materials: “We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact medicare.gov, 1-800-MEDICARE, or your State Health Insurance Program (SHIP) to get information on all your options.”
- Making it clear the prospect will speak with a licensed agent: If a phone number is listed on an advertisement, it must be obvious to the consumer they will be calling an insurance agent. If not obvious, use a disclaimer like “Call 800-786-5566 to speak with one of our insurance agents today.”
- Permission to contact cards: If you are trying to obtain Permission to Contact through a business reply card, there must be a statement informing the customer: 1). who will contact them and 2). by what method. Recommended statement: “By providing your name and contact information you are consenting to receive calls, text messages and/or emails from a licensed insurance agent about Medicare Plans at the number provided, and you agree such calls and/or text messages may use an auto-dialer or robocall, even if you are on a government do-not-call registry. This agreement is not a condition of enrollment.”
Prohibited Marketing Content:
- Agent titles — CMS prohibits the use of the word “Medicare” and/or any language that implies additional knowledge, skill or certification above licensing requirements. Examples of what not to use: — “Medicare Specialist” or “Medicare Advisor”
- Use of government symbols — Consumer facing material cannot mimic or resemble a CMS or government agency design. Use of symbols (e.g., American flag, eagle or Medicare ID card) that may mislead or deceive the beneficiary into believing that he is interacting with a government entity is strictly prohibited.
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