The following are some of the key CMS marketing guidelines that apply to third-party websites.
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 but 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.
Don’ts
Ask for any health information, including (but not limited to):
- Pre-existing medicare conditions
- Weight or Tobacco use
- Age or date of birth (you may ask if they are Medicare Eligible)
Ask for any beneficiary identification numbers, including (but not limited to):
- Social Security Number
- Health Insurance Claim Number (HICN)
- Medicaid Identification numbers
Ask for beneficiary financial information, including, but not limited to:
- Credit card numbers
- Income
- Resource limits
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
Display any benefit and cost-sharing information prior to October 1st for the next year’s plans. If you are displaying benefits of any kind on your website, it must be approved by CMS prior to use. Benefit information includes, but is not limited to:
- Plan Premiums
- Co-Pays
- Deductibles
Inaccurately identify or refer to a Medicare Supplement plan as a MA, MA-PD, or PDP plan. Appropriate titles are below:
- Medicare Supplement Insurance Plans
- Medicare Advantage Plans
- Part D Prescription Drug Plans
Use absolute superlatives when referring to plans (e.g., “best”, “lowest”, “highest-ranked”, “rated # 1”) or stating you represent “all plans” in a given area.
Claim you or a specific plan/carrier are recommended or endorsed by CMS, Medicare, or the Department of Health and Human Services
Charge any fee for providing information about MA, MA-PD, and PDP plans
Website Requirements
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). An example of an appropriate disclaimer is:
- “Calling the number above will direct you to a licensed sales agent.”
Ensure all materials and information are related to current year plans.
- In addition, from October 1st to December 31st, you may display information and materials relevant to next year’s plans.
- Any website displaying plan information or materials must be approved prior to use.
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)
*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
CMS Marketing Guidelines