Marketing Material Deep Dive

Created

Mar 19, 2025 4:56 PM

In 2023 CMS expanded and clarified the definition of marketing material. In short, any material that mentions any benefit will be considered marketing. Even mentioning that beneficiaries can receive benefits such as dental, vision, cost-savings, and/or hearing services is sufficient information to meet the definition of marketing.
This means agents are no longer able to mention widely available benefits, such as dental, vision, hearing, premium reduction, and more unless the marketing materials are filed and approved by CMS.
CMS also considers intent and defines marketing intent as materials designed to influence a beneficiary’s decision when selecting a plan, or influence a beneficiary’s decision to stay enrolled in a plan.

Do’s and Don’ts