An agency that sells Medicare Advantage or Part D plans for more than one organization is a third-party marketing organization in CMS’s language, and that changes the mechanics of almost every channel on this page. None of it is optional, and most of it has to be built before the first October ad rather than patched in November.
The disclaimer goes everywhere. Under 42 CFR 422.2267, an agency that does not offer every plan must say so, with the number of organizations and products it represents in the area, and point people to Medicare.gov or 1-800-MEDICARE. It has to be spoken on sales calls before any benefits come up, sent in email and chat, prominently displayed on the website and included in print and TV ads. In practice that means the chat widget, the email footer, the landing page template and the call script all carry it.
Who you may contact first. CMS bans door-to-door visits, approaching people in parking lots, social media direct messages, cold calls, robocalls, texts and voicemails, including calls based on referrals. A call is not unsolicited when the beneficiary consents or reaches out first. Mail and email are allowed, provided every email has an opt-out. That is why Medicare marketing that works leans on search, mail, email and educational events that bring the beneficiary to you.
Every sales call is recorded. Marketing and sales calls, including web calls, must be recorded in full and kept for at least six years. Scope of Appointment has to be agreed and recorded before the sales conversation, and stays valid for 12 months.
Leads cannot be passed around quietly. Since October 1, 2024, beneficiary data collected for marketing or enrollment may go to another marketing organization only with prior express written consent that lists each recipient.
Referral rewards are capped. A payment for a referral may not exceed $100 into a Medicare Advantage plan or $25 into a stand-alone drug plan.
Star Ratings in ads must reference the overall rating and name the contract year.
We build all of this into the templates, the CRM and the phone setup once, so the October rush is spent answering calls rather than fixing pages.
