Make sure you’re in compliance when promoting Medicare Advantage plans

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Kaiser Permanente is responsible for ensuring that producer websites and other marketing materials that include mention of our Medicare Advantage products are in compliance with all Medicare Marketing Guidelines. The Centers for Medicare & Medicaid Services (CMS) requires you—as a Medicare-certified agent—to follow the Medicare Marketing Guidelines outlined in Chapter 3 of the Medicare Managed Care Manual. Not following these regulations may result in penalties to Kaiser Permanente.

Some specific points to keep in mind:

  • Your website should not market in a way which lends itself to discrimination based on race, ethnicity, national origin, religion, gender, age, mental/physical ability, health status, claims experience, medical history, genetic information, evidence of insurability, or geographic location.
  • Notify us if you’re conducting sales/marketing events, and submit all of your materials to us for review and filing whenever Kaiser Permanente or our plans and benefits are referenced.
    • Please note this excludes educational events where the purpose is to inform Medicare beneficiaries of Medicare Advantage, Prescription Drug or other programs, where no marketing will be done to promote/sell any single health plan.
      • Such events must be clearly advertised as “educational.”
  • If you have a sales or marketing event planned where you will review Kaiser Permanente Medicare Advantage plans, forward this information to us so we can review and upload it into the CMS Health Plan Management System.
  • Marketing for the upcoming plan year may not occur prior to Oct. 1. As a result, please don’t send out, reference, or otherwise provide any rates or benefits information for the Annual Election Period (AEP) prior to Oct. 1.
  • Don’t make any changes to a piece once it has been approved by Kaiser Permanente.

The best way to make sure you’re in compliance is to proactively submit to us any marketing materials you create to promote Kaiser Permanente Medicare Advantage products—including any information that appears on your website. We’re required by CMS to review these materials. This includes rates, benefits, and the Kaiser Permanente logo. These must be submitted and approved prior to displaying them on websites or providing them to clients.

If multiple carrier plans will be shown on your website or in your materials, please allow us the opportunity to review, edit, and approve the Kaiser Permanente–related portion prior to the designated lead plan submitting the CMS filing. This will ensure that the lead plan will not need to do additional revisionary filings with CMS. Non-lead plans are not allowed to alter what was filed by the lead plan.

Please contact your Medicare Advantage sales executive with any questions, and if you have materials that need to be reviewed and tracked.