How to Incorporate Medicare Disclaimers
When a Medicare disclaimer is required, you need to make the notice clear and conspicuous. Paste the disclaimer as close as you can to the claim and incorporate it into the ad as space allows. If there is not enough space, as you might find in an online ad, you can add a visible, clearly labeled hyperlink to the disclaimer. Do not simply add it to a “terms and conditions” link.
What Your Disclaimers Should Say
The first disclaimer you need to add on your website and in any advertising context is the notice that your agency is not related to Medicare. Include this disclaimer: “Not affiliated with or endorsed by the government or federal Medicare Program.”
On marketing materials where you mention specific carriers and plans, you need to add a federal contracting statement, which is required by CMS. Include the carrier’s legal or marketing name, the plan type, and that enrollment depends on contract renewal. This might look like: “[Carrier’s name] is a [plan type] with a Medicare contract. Enrollment in [carrier’s legal or marketing name] depends on contract renewal.”
Many of your documents referring to specific Medicare plans may mention the plan’s Star Rating. Any document that references Star Ratings will need to include this message: “Every year, Medicare evaluates plans based on a 5-star rating system.”
Consumers need to be aware of all of their Medicare options. When you have third party marketing materials that mention specific plans, they will need to include this message: “For a complete list of available plans please contact 1-800-MEDICARE (TTY users should call 1-877-486-2048), 24 hours a day/7 days a week or consult www.medicare.gov.”
Medicare agents can get a good return when they hand out nominal gifts, but consumers need to know that they come with no strings attached. When you promote drawings, prizes and free gifts, make it clear that the winner has no obligation to enroll. Use a message similar to: “Eligible for a free drawing, gift, or prizes with no obligation to enroll.”
On your website, and in all communications, marketing or advertising, if your phone number is listed, consumers should know that they will reach a licensed agent. When you suggest calling your phone number, add this note: “Calling the number above will direct you to a licensed insurance agent.”
And finally, Medicare has specific rules for contact. In most cases, the consumer must reach out first. If they do so, you will need their express permission to contact them using the information they provide. Add this message: “By providing the information above, I grant permission for a licensed insurance agent to contact me regarding my Medicare options including Medicare Supplement, Medicare Advantage, and Prescription Drug Plans.”
When to Use a Medicare Disclaimer
Disclaimers are important pieces of information that help to inform and protect the consumer. Many of your marketing, communications and advertisements will need the required text as explained above. Even in call scripts, you will need to read certain statements.
You do not need disclaimers for banners, banner-like ads, outdoor advertising, text messages or social media.
If you have any questions about Medicare agent compliance, please do not hesitate to reach out to our team at Magellan Healthcare.
