June 18

Compliant Marketing Do’s and Don’ts


Compliant Marketing

It is important to take the necessary steps to ensure your content, customer information, and agency practices comply with the policies in place. They are there to protect your customers.

You want to get your information out there quickly, but it is important to make sure the content you are posting is compliant. Below, we lay out the in's and out's of client facing website compliance requirements. 

Compliant Marketing Rules


  • Ensure all materials and information are related to current year plans.
  • If you direct the consumer to call a phone number, you must clearly indicate that the phone number will direct the individual to a licensed agent/broker (when applicable)
  • Any sites used for the purposes of generating leads must also comply with the requirements in this checklist and any other CMS requirements.
  • Ensure you have written approval from all carriers before using on your website(s)


  • Post anything that hasn't been approved by the supplier
  • Ask for any health information
  • Ask for any beneficiary identification numbers
  • Ask for referrals from beneficiaries via your website or offer enrollment into an MA, MA-PD, or PDP plans directly from your website
  • Use the word “free” when referring to Medicare plan benefits

Open Enrollment Period Marketing


  • Conduct marketing activities that focus on other enrollment opportunities, including but not limited to: Marketing to age-ins (who have not yet made an enrollment decision), Marketing by 5-star plans regarding their continuous enrollment SEP, and Marketing to dual-eligible and LIS beneficiaries who, in general, may make changes once per calendar quarter during the first nine months of the year.
  • Send marketing materials when a beneficiary makes a proactive request
  • At the beneficiary’s request, have one-on-one meetings with a sales agent
  • At the beneficiary’s request, provide information on the OEP through the call center


  • Send unsolicited materials advertising the ability/opportunity to make an additional enrollment change or referencing the OEP
  • Specifically target beneficiaries who are in the OEP because they made a choice during Annual Enrollment Period (AEP) by purchase of mailing lists or other means of identification
  • Engage in or promote agent/broker activities that intend to target the OEP as an opportunity to make further sales
  • Call or otherwise contact former enrollees who have selected a new plan during the AEP

Compliant Marketing Materials

Take advantage of our Tidewater VIP Portal to find exclusive resources and information on compliant marketing materials. 

Pre-built Facebook Ads

We have put together some pre-built Facebook ads for you to use during AEP. Whether you are running a brand awareness or a traffic ad to your own landing pages, these assets will help you get going.

Facebook Social Assets

We want to give you access to these thought-provoking social posts. Download these posts to use on Facebook and help us promote Life Insurance Awareness Month through September. 

T-65 Flyer Templates

We have prepared more great letterhead/flyer templates you can use for sending to leads turning 65 soon, starting 4 months before their birthday.

Marketing of rewards and incentives programs

  • Be provided to all potential enrollees without discrimination
  • Be provided in conjunction with information about plan benefits
  • Include information about all rewards and incentives programs offered by the MA Plan, and are not limited to a specific program, or a specific reward or incentive within a program

Marketing/Sales Event Compliance

Marketing/Sales Events are designed to steer or attempt to steer potential enrollees, or the retention of current enrollees, toward a plan or limited set of plans. The following requirements apply to all marketing/sales events:

  • Plans/Part D sponsors must submit scripts and presentations to CMS prior to use, including those to be used by agents/brokers;
  • Sign in sheets must clearly be labeled as optional
  • Health screenings or other activities that may be perceived as, or used for, “cherry picking” are not permitted
  • Plans/Part D sponsors may not require attendees to provide contact information as a prerequisite for attending an event
  • Contact information provided for raffles or drawings may only be used for that purpose.

Third-party websites include public websites operated by agencies/agents that contain information about Medicare Advantage (MA), Medicare Advantage Prescription Drug (MA-PD) and/or Prescription Drug Plans (PDPs). This could mean you mention carrier names or display carrier logos. Please be aware this also includes generic websites that are void of names and logos but still mention Medicare Advantage or Part D.

It is important to note that third-party websites also include websites designed to provide contracted agents with beneficiary leads. This includes any site that has an electronic Business Reply Card (BRC) on it prompting an individual to provide their contract information.

*Please note that if you purchase leads from any lead generation websites, those websites must also comply with the requirements in this checklist.

**These guidelines do not apply to Medicare Supplement or non-MA/MA-PD/PDP plans such as life, annuities, ACA plans, etc. See the complete CMS Medicare Marketing

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