For reprint by GWAAR Legal Services Team
The Centers for Medicare and Medicaid Services (CMS) is asking consumers and beneficiaries to help identify misleading Advantage plan sales practices that violate new federal marketing rules. That includes television ads promoting benefits that may not be available in the consumer’s service area, as well as printed materials and telephone marketing practices.
CMS is asking people to watch for marketing efforts that:
• Suggest benefits are available to anybody who joins the plan.
• Mention benefits that are not available in the service area where they are advertised.
• Claim that the plan advertised will provide the “most” or “best” benefits or coverage.
• Promise unrealistic savings that most consumers will not realize.
• Fail to identify the name of the plan being advertised.
• Use the Medicare name or images of the Medicare membership card or logo without approval of CMS.
• Contact Advantage or drug plan members who have already told a plan or issuer not to contact them.
• Pretend to be a representative of the government-run Medicare program.
The new marketing rules, which took effect September 30, 2023, require sales representatives to explain to consumers how any plan being offered differs from the consumer’s current plan before making a switch. The rules also require insurers and third-party marketing companies to submit advertisements to CMS for review before going public. However, the sheer volume of Advantage plan advertising makes it unlikely that CMS will be able to catch every misleading sales pitch. CMS is asking consumers to report potentially misleading marketing efforts to 1-800-MEDICARE. Wisconsin residents can also report potential marketing violations to the Senior Medicare Patrol at 1-888-818-2611.
