Purpose of This Guide
This guide explains CMS requirements for marketing materials and how Spark agencies must create and submit materials for compliance review before use.
Marketing materials are subject to carrier review and CMS approval because they can influence a Medicare beneficiary’s enrollment decision. Spark provides this guidance to help agencies:
Create compliant materials from the start
Avoid delays or rejections
Meet CMS and carrier expectations consistently
What CMS Considers Marketing Materials
CMS defines marketing materials as any materials or activities that could reasonably influence a beneficiary’s decision to enroll in, stay enrolled in, or switch Medicare plans.
Important CMS Clarification (Effective 2023 – Still Enforced Today)
Under CMS guidance, any material that mentions a benefit is considered Marketing.
This includes references to:
Dental, vision, or hearing benefits
Cost savings
Premium reductions
Star ratings
Carriers or plan names
➡️ Marketing materials must be submitted and approved before use.
Examples of Marketing Materials
Print or digital advertisements
Flyers, postcards, mailers
Websites and landing pages
Social media posts
Event or seminar materials
All scripts (phone, voicemail, presentations, talking points)
Required Elements on All Marketing Materials
1. TPMO Disclaimer (Required)
All marketing materials must include the TPMO disclaimer, used verbatim.
If you do not sell all MA organizations and/or Part D sponsors in the service area:
“We do not offer every plan available in your area. Currently we represent [#] organizations which offer [#] plans in your area. Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) to get information on all of your options.”
If you do sell all MA organizations and/or Part D sponsors in the service area:
“Currently we represent [#] organizations which offer [#] plans in your area. You can always contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) for help with plan choices.”
2. SMID (Standardized Marketing Identification)
All marketing materials must include a unique SMID.
Format:
MULTIPLAN_[CreativeName]_M
Example:
MULTIPLAN_HPMSM_AEP2024_M
Each marketing material must have its own SMID.
3. Non-Government Affiliation Disclosure
To avoid misleading beneficiaries, marketing materials must clearly state:
The TPMO’s name
That the entity is not affiliated with the federal government, CMS, HHS, or Medicare
Who the beneficiary will reach if they respond (a licensed insurance/sales agent)
This information must be prominent and legible.
4. Carrier Name Requirement
If marketing materials reference:
Benefits
Costs
Plans
They must include the name of the Carrier(s) offering those products.
CMS formatting requirements:
Carrier names must appear in at least 12-point font
Carrier names cannot be hidden in fine print or disclaimers
For TV, online, or social media:
Carrier names must be read at the same pace as the phone number or
Displayed throughout the entire ad in a font size equivalent to the phone number
Content & Language Rules (CMS-Enforced)
🚫 Do NOT Use
“Customized” or “personalized” to describe Medicare plans or benefits
“Entitled” (unless referring specifically to Original Medicare)
Phrases like:
“Get the money you deserve”
“See what benefits are available to you”
Fear-based or misleading language
False urgency (“Act now or lose your benefits”)
ALL CAPS, red fonts, oversized text, or repeated punctuation to create urgency
The word “Senior” — use “people with Medicare” or “Medicare beneficiaries” instead
Use of the Word “Free”
Use of “free” is highly restricted.
Allowed:
Only for mandatory, supplemental, or preventive benefits with 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 phrases like “Free Medicare Plan Comparison”, include:
“No obligation to enroll” in the same sentence or nearby
A footnote may be used if space is limited
Images & Visuals
Do not use American flags, patriotic color schemes, or government-style imagery
Do not use images of an actual Medicare card
Generic card images are permitted
Star Ratings Rules
If a material references Star Ratings:
It must reference the overall Star Rating
Ratings must be clearly identified as out of 5 stars
The applicable contract year must be stated
Ratings must only be used in applicable service areas
🚫 Do not:
Use individual category or domain ratings to imply higher overall ratings
Market the 5-star SEP after November 30 if the plan did not receive a 5-star rating for the next contract year
Lead Generation Forms (PTC / BRC)
Due to the one-to-one consent rule effective 10/1/24, all lead generation forms must include updated consent language.
Spark-approved consent language may be used, with your agency name included.
Important:
Lead generation forms must be submitted to a carrier for review
Spark Compliance will submit on your behalf
Approval is required before use
Helpful Resources
Carrier Specific