Make Sure You Understand Your Responsibilities for Marketing Material Filings with CMS

Here are a few important reminders

• • Communications or advertisements that include the following are considered “marketing” and must be filed with CMS.
    • References to Medicare premiums, cost-sharing, or benefits information, even those that do not mention a specific plan by name or are made on behalf of multiple Medicare Advantage carriers.
    • References to a Medicare carrier or group of carriers that do not include premiums or cost-sharing.
  • If you sell a Medicare Advantage plan from a lead source, the agent/agency is responsible for ensuring that the lead was compliantly generated.
  • Phone-based sales calls should be recorded to protect the agent and the prospect. We recommend you retain those recordings for at least three years.
  • Enrollment applications taken over the phone should also be recorded and must be retained for ten years according to CMS requirements.
  • Enrollment applications for NEW prospects are made only during an incoming telephone call from a beneficiary.
  • Enrollment applications for EXISTING clients can be made during an incoming or outbound telephone call with a beneficiary.