Why This Matters
CMS requires Third-Party Marketing Organizations (TPMOs) to clearly distinguish between Medicare Marketing Materials and Medicare Communication Materials because marketing materials can influence a beneficiary’s enrollment decision and therefore require additional oversight, tracking, and approval.
Spark provides this guidance to help agencies:
Create compliant materials from the start
Submit materials correctly the first time
Avoid delays, rejections, or compliance risk
This guidance is based on the CMS Medicare Communications and Marketing Guidelines (MCMG) and ongoing CMS clarifications that continue to be enforced for current plan years.
Marketing Materials
Definition
CMS defines marketing materials as any materials or activities that could reasonably influence a Medicare beneficiary’s decision to enroll in, stay enrolled in, or switch plans.
Since CMS clarified and reinforced this definition beginning in 2023, the following principle applies: If a material mentions any benefit, it is considered Marketing.
This includes even widely available benefits such as:
Dental
Vision
Hearing
Cost savings
Premium reductions
Even high-level or general references to benefits meet the CMS definition of Marketing and must be submitted and approved before use.
Evaluate Intent
CMS looks at both content and intent.
A material is considered Marketing if it:
Mentions benefits, plans, savings, or coverage features
Encourages enrollment, plan selection, or retention
Is designed to prompt action related to Medicare coverage
Is public-facing or broadly distributed
Is a script (all scripts are marketing under CMS guidance)
Even if benefits are not named explicitly, materials that steer beneficiaries toward coverage decisions are treated as Marketing.
What Counts as Marketing Materials
Submit a material as Marketing if it includes or does any of the following:
Mentions any benefit, premium, or cost-sharing
References plan types or carriers
Encourages contacting an agent to discuss coverage
Promotes enrollment, plan comparison, or review
Is posted publicly (websites, ads, social media)
Is a script (phone scripts, voicemails, presentations, talking points)
Common Marketing Examples
Flyers, postcards, advertisements
Websites and landing pages
Social media posts
Event or seminar materials
Phone or voicemail scripts
Presentation decks
Communication Materials
CMS defines communication materials as educational and informational materials that do not influence enrollment decisions.
Communication materials are allowed to:
Explain how Medicare works
Describe the services you provide as an agent or agency
Provide logistical or administrative information
Communication materials must remain neutral and cannot promote coverage options or benefits.
What Counts as Communication Materials
Submit a material as Communication only if it meets all of the following:
Sent one-to-one to an individual consumer
Informational or administrative in nature
Does not mention benefits, plans, savings, or carriers
Does not encourage enrollment or plan selection
Common Communication Examples
Appointment confirmations
One-on-one follow-up emails
Text message reminders
General explanations of Medicare Parts A, B, C, and D
Descriptions of how you help clients navigate Medicare (without benefit details)
The CMS "Bright Line" Rule
Communication materials immediately become Marketing if they include:
Benefits (even general ones)
Savings claims
Premiums or cost-sharing
Plan types or carrier names
➡️ If your material crosses this line, submit it as Marketing.
Best Practice: Market Yourself, Not the Products
CMS permits agents to promote:
Their knowledge and experience
Their licensure
Their process for helping beneficiaries understand options
Focus communication materials on:
Education
Guidance
Your role as a licensed agent
Avoid discussing:
Specific coverage features
Benefits or costs
Plan comparisons
This approach keeps materials compliant while still clearly communicating your value.
Quick Decision Guide: Marketing vs. Communication
Ask yourself:
Does this material mention benefits, plans, savings, premiums, or carriers?
→ Yes: Marketing
→ No: Continue
Could this material influence a beneficiary’s enrollment decision?
→ Yes: Marketing
→ No: Communication
Is this a script?
→ Always Marketing
When in doubt, submit as Marketing.
Why Spark Reviews Materials This Way
As a TPMO, Spark is required to:
Provide clear compliance guidance to agencies
Review materials before use
Maintain oversight aligned with CMS expectations
This process protects:
Beneficiaries
Agents and agencies
Carrier relationships
Spark’s TPMO standing
References
CMS Guidance:
Carrier Specific Guidance: