Helpful Resources
Marketing Materials
In 2023 CMS expanded and clarified the definition of marketing material. In short, any material that mentions any benefit will be considered marketing. Even mentioning that beneficiaries can receive benefits such as dental, vision, cost-savings, and/or hearing services is sufficient information to meet the definition of marketing.
This means agents are no longer able to mention widely available benefits, such as dental, vision, hearing, premium reduction, and more unless the marketing materials are filed and approved by CMS.
CMS also considers intent and defines marketing intent as materials designed to influence a beneficiary’s decision when selecting a plan, or influence a beneficiary’s decision to stay enrolled in a plan.
Do’s and Don’ts
Compliant
Must have SMID (Standard Material Identification)
TPMO Disclaimer
Compliant Titles (“a licensed sales/insurance agent”)
Things to AVOID
Avoid “Customized” or “Personalized”
Avoid causing undue fear/anxiety
“Beware of plans whose copays bust your budget”
Avoid Entitlement
“Get the Money/Benefits you deserve”
“See what benefits are available to you”
Avoid causing false urgency
“Act now or you may lose benefits”
Avoid the word “Free”
$0 monthly premium is not free- it’s $0
Not allowed to use the word “Senior”
Use: “Medicare Beneficiaries” or “People with Medicare”