The Marketing guidelines reflect CMS' interpretation of the marketing requirements and related provisions of the Medicare Advantage and Medicare Prescription Drug Benefit rules (Chapter 42 of the Code of Federal Regulations, Parts 422 and 423).

The Guidelines are for use by Medicare Advantage Plans (MAs), Medicare Advantage Prescription Drug Plans (MA-PDs), Prescription Drug Plans (PDPs) and 1876 Cost Plans. The guidelines will allow organizations offering both Medicare Advantage and Prescription Drug Plans the ability to reference one document for the development of marketing materials.

Final Medicare Marketing Guidelines

CMS' Final Medicare Marketing Guidelines have been released as Chapter 3 of the Medicare Managed Care Manual and Chapter 2 of the Prescription Drug Benefit Manual. The revised Medicare Marketing Guidelines consolidate recent statutory and regulatory changes, as well as other policy clarifications needed to enhance marketing operations under both the MA and Part D programs. The Medicare Marketing Guidelines memo provides information on the revisions and clarifications made from draft to final.

Clarifications Issued for Medicare Marketing Guidelines

Since the release of the Final Medicare Marketing Guidelines, many plan sponsors have requested additional clarification to several sections of the guidelines. CMS has issued clarification guidance on various topics, including: Section 20 - Direct Mail definition, Section 90.6.1 - Materials qualified for File and Use Submission, Section 90.19 - Specific Guidance on Submission of General Advertising, Section 30.7 - Requirements for Plan Sponsors with Non-English Speaking Populations with Special Needs, Section 30.14 - Plan Ratings Information, Section 30.9.1 - Required Materials in Enrollment Package (Pre-Enrollment), Section 40.16 - Standardization of Plan Name Type, Section 50 - Disclaimers, Section 50.6 - Plan Mailing Statements on Envelopes/Mail itself, Section 70.6 - Outbound Education and Verification Calls to All New Enrollees, Section 70.9 - Marketing/Sales Events, and EOC Clarification, through HPMS memoranda released on September 18, 2009 and October 8, 2009. The memos and revised MMG Section 70.6 are provided below.

Downloads
Allowable Use of Medicare Beneficiary Information Obtained from CMS & Prohibition on Using Federal Funds for Non-Plan Related Activities [zip, 73Kb] Revised Medicare Marketing Guidelines - Section 70.6 [pdf, 23Kb] Clarification of Outbound Enrollment Requirements in Section 70.6 of the Medicare Marketing Guidelines [pdf, 71Kb] Clarification of MMG and Appeals Related Error in Annual Notice of Change/Evidence of Coverage Templates [pdf, 76Kb] Cover Memo [pdf, 63 KB] Medicare Marketing Guidelines [pdf, 2605 KB]
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