Plan Advisors understands that the buzz around disclaimers and the recording rule speculation surrounding each and every enrollment is ever-present. In fact, we continue to receive more guidance on what creating compliant marketing materials should look like and how to do it. With all of the new information we continue to receive, we feel it is worth mentioning. 

The following disclaimers are, in fact, final and required for all marketing materials from this point forward. So, how do we know what disclaimers apply to us and what disclaimers are necessary? Humana has created a spectacular guide that you can view here.

Marketing or Communication Disclaimers?

Marketing. The commercial’s intent is to draw the beneficiary to a Medicare Advantage plan(s) since name-specific plans remain unacknowledged. The content addresses plan premium, cost-sharing, and benefit information for plans represented and sold by the third party.

Let’s Break it Down…

It is important to note that if your material aligns with what marketing is, then these additional disclaimers apply: 

• Federal Contracting Statements must be present on all “marketing” materials, except banners, banner-like advertisements, outdoor advertisements, text messages, social media posts, and envelopes.
  • Example Text: “Plans are insured or covered by a Medicare Advantage organization with a Medicare contract and/or a Medicare-approved Part D sponsor. Enrollment in the plan depends on the plan’s contract renewal with Medicare.”
• Third-Party Marketing Disclaimers must exist on all third-party websites, marketing materials, and television/radio advertisements that meet the definition of “marketing”. (Note: For those that truly offer every option in a service area, this disclaimer is not imperative.)
  • Required Text: “We do not offer every plan available in your area. Any information we provide is limited to those plans that we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.”
• Benefits Disclaimers apply if plan benefits include additional coverage (i.e. Dental, Vision, Hearing, OTC, Transportation, Fitness, etc.).
  • Example Text: “Not all plans offer all of these benefits. Availability of benefits and plans varies by carrier and location. Deductibles, copays and coinsurance may apply.”
• Part B Give-Back Disclaimers must be present on all materials when Part B give-back info is written.
  • Required Text: “Part B Premium give-back is not available with all plans. Availability varies by carrier and location. Actual Part B premium reductions vary.”
• When mentioning STAR Ratings Disclaimers, it is necessary to convey that Medicare performs yearly evaluations, and that a 5-star rating system is active.
  • Example Text: “Every year, Medicare evaluates plans based on a 5-star rating system.”

Recording Rule Speculation

At Plan Advisors, we want to emphasize that the rumors surrounding recording every meeting and enrollment is simply a proposed rule. It is up for discussion and open for comment. Additionally, the Medicare industry will receive more guidance on this information within the next few weeks. The National Association of Health Underwriters (NAHU) and American Political Advocacy and Trade Association of Health Insurance Companies (AHIP) are actively working to ensure that this exists solely for call centers instead of the on-the-go agent.

It is important to note that we will continue to update our brokers as we move forward and learn more of the final decisions surrounding the changes to marketing disclaimers and the recording rule speculation surrounding each and every enrollment.