How Can Agents Get Approval From CMS?

Advertising materials for Medicare agencies are scrutinized and approved by the CMS before you can send them. To get your ads approved by CMS, first do a thorough review to make sure the text aligns with federal guidance.

About Identifications and Disclaimers

Your name or the name of your agency needs to be displayed on the envelope of any mailers to identify you as the sender. And while you identify yourself, avoid using any specific names or details of carriers or plans. That does not apply to the federal Medicare plan names: call them by the full plan type, as in Medicare Advantage Plan, Medicare Supplement Plan or Part D Prescription Drug Plan.

The advertising materials must make it perfectly clear that you are not affiliated with or endorsed by the government or the federal Medicare program. Your state may require you to add this disclaimer: “NOT AFFILIATED WITH OR ENDORSED BY THE GOVERNMENT OR FEDERAL MEDICARE PROGRAM.” 

If your advertisement includes an invitation to a sales event, add: A sales person will be present with information and applications. For accommodations of persons with special needs at sales meetings, call <toll-free number> (TTY 711), <days and hours of operation>.

And if your ad includes your business number, include a message that calling that number connects them with a licensed insurance agent.

Be Careful with Word Choice

When selling Medicare products, it can be too easy to refer to beneficiaries in general as “seniors,” because people 65 and older may be your primary patient base. But that language does not include younger Medicare beneficiaries with disabilities, so use that word only in context.

Beneficiaries are eligible for plans, not entitled. Only use the word “free” to refer to preventive services that are free to all beneficiaries regardless of plan.

Don’t scare clients with false urgency. Instead, you can use approved phrases such as “don’t delay,” “enroll now,” or “don’t miss out.” Alternatively, just communicate the facts by adding enrollment dates and deadlines.

Stay Away from Claims

Do not exaggerate, use absolutes or make claims that cannot be proven true. You can use qualifying words such as “may,” “might” and “should” to help illustrate your point without making claims.

Medical advertising is strict, so it’s no surprise that the regulations would be similarly tight in a closely related industry. Be careful what you put out there, because it is a reflection of your brand. You may be tempted to boast, but if your claims are baseless, you might find yourself in a great deal of trouble. Our team is here for guidance if you have any questions. Call us today.