Purpose of This Guide

This guide explains how to create CMS-compliant communication materials for your Medicare business.

Communication materials are educational and informational and are subject to different rules than marketing materials. Spark provides this guidance to help agencies:

Create compliant materials from the start
Avoid accidentally crossing into marketing
Submit materials correctly for compliance review

If your material meets the definition of Marketing, follow the Marketing Materials Requirements Guide instead.

What Are Communication Materials?

Communication materials are one-to-one (1:1) messages that provide general, informational content about Medicare or your services.

They may:

Explain how Medicare works
Describe the services you offer as a licensed agent
Provide administrative or follow-up information

They may not promote plans, benefits, or coverage features.

Important CMS Rule: The Marketing “Bright Line”

CMS defines any material that mentions a benefit as Marketing.

If your material mentions:

Dental, vision, or hearing benefits
Cost savings or premiums
Star ratings
Carriers or plan names

➡️ It is Marketing, not Communication, and must follow marketing submission requirements. Note sure:

Submit Materials for Spark Review

Required Disclaimer for Communication Materials

The only disclaimer required on communication materials is: “We are not affiliated with the U.S. Government or the federal Medicare program.”

This disclaimer should be clearly visible on written materials.

How to Create Compliant Communication Materials

✅ DO This

Keep content educational and neutral
Focus on Medicare basics or your role as an agent
Use clear, calm, non-promotional language
Submit materials for compliance review before use

❌ AVOID This

When creating communication materials, avoid language or tactics that may mislead, pressure, or confuse beneficiaries.

Specifically, do not:

Use the words “customized” or “personalized” when describing Medicare
Use the word “entitled” unless referring specifically to Original Medicare
Use phrases like:
- “Get the money you deserve”
- “See what benefits are available to you”
Use language that could be misleading or confusing
Create fear or anxiety (e.g., “plans that could bust your budget”)
Create urgency (e.g., “Act now or lose your benefits”)
Use fear-based tactics suggesting loss of coverage
Use formatting that creates urgency:
- ALL CAPS
- Oversized fonts
- Red text
- Repetitive punctuation (!!!)
Use the word “Senior”
- Use “people with Medicare” or “Medicare beneficiaries” instead

Phone Number Disclosure Requirement

If a communication material includes a phone number that connects to a sales agent, you must clearly disclose this.

Use this exact statement immediately before or next to the phone number:

“Calling this number will connect you to a licensed insurance agent.”

This applies to emails, texts, and other 1:1 messages.

Use of the Word “Free”

Use of the word “free” is very limited and often risky.

Allowed:

“Free” may be used only to describe:
- Mandatory, supplemental, or preventive benefits
- Zero-dollar cost sharing for all members

Not Allowed:

Zero-dollar premiums
Premium reductions (including Part B buy-downs)
Deductibles or cost-sharing
LIS or dual-eligible cost sharing

If Using “Free” in a Service Context:

Phrases like “Free Medicare Plan Comparison” must include:

“No obligation to enroll” in the same sentence or close proximity
If space is limited, an asterisk may reference a legible footnote

Images and Visuals

Do not use American flags, patriotic color schemes, or government-style imagery
Do not use images of actual Medicare cards
Generic card images are acceptable