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This section includes useful information to help Medicare Advantage Plans, Medicare Advantage Prescription Drug Plans, Prescription Drug Plans, and 1876 Cost Plans with Marketing efforts. Final 2012 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 focused primarily on incorporating recent policy clarifications and on streamlining operational guidance for the benefit of both plans and Regional Office marketing reviewers. We have also made minor editorial changes throughout the document and renumbered certain sections from the current Guidelines as part of our efforts to streamline the requirements. The Medicare Marketing Guidelines memo provides information on the revisions and clarifications made from draft to final.
Marketing Surveillance Activities The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), required a number of changes to Medicare Advantage (MA), Medicare Advantage Prescription Drug Plan (MA-PD), and other prescription drug plan (PDP) organizations. The Centers for Medicare & Medicaid Services (CMS) issued final regulations designed to protect Medicare beneficiaries from deceptive or high-pressure marketing tactics by private insurance companies and their agents, brokers or plan representatives (hereinafter referred to as plan representatives). In an effort to ensure compliance with these new marketing requirements and prohibitions, CMS initiated a comprehensive surveillance program that commenced during the contract year (CY) 2009 MA Plan and MA-PD annual enrollment period (AEP) and continued through March 31, 2009, the end of the Medicare Advantage (MA) open enrollment period (OEP). CMS is sharing the enclosed report with Medicare Advantage Organizations and Prescription Drug Plan Sponsors in an effort to provide a description of the results from the CY2009 surveillance initiative. Based on the success of these activities, CMS intends to continue the marketing surveillance initiative and expand it to other program areas in the future. CMS-State Collaboration Activities The Centers for Medicare & Medicaid Services (CMS) as a part of our agreement to share information and collaborate on oversight issues with the State Departments of Insurance (DOIs), has strengthened protections for particularly vulnerable beneficiaries. CMS and participating State DOIs have signed a joint letter to educate and protect residents of low income senior and Independent Care for the Mentally Retarded and the Mentally Retarded and Developmentally Disabled (ICF/MR) housing facilities concerning inappropriate behavior of agents. In this letter, we urge facility administrators to be vigilant in reporting suspect Medicare Advantage and Prescription Drug plan marketing. We also describe Medicare and Medicaid patient rights and protections relative to agent behaviors as afforded under MIPPA. CMS continues to work collaboratively with the States where the sharing of information will not only strengthen State and Federal oversight efforts, but provide more protection for Medicare beneficiaries. Addendum to Draft 2011 Medicare Marketing Guidelines on Allowable Usage of Social Networking Sites This draft guidance on allowable usage of social networking sites by Medicare Advantage Organizations, Prescription Drug Plans and Section 1876 cost contractors has been issued as an addendum to the draft 2011 Medicare Marketing Guidelines. The purpose of this draft guidance is to ensure that there is a level playing field among plan sponsors and, more importantly, to ensure that plan sponsors are not using these social networking sites in ways that may put beneficiary information at risk or that violate the Medicare Marketing Guidelines. Comments are due no later than 5PM on 3/12/2010 on the Public Comments Form provided below. Please follow comment instructions provided in the 3/04/2010 memorandum. Industry Summary Report for the CY 2010 Annual Election Period CMS is continuing its comprehensive program of marketing surveillance activities in contract year (CY) 2010. The surveillance activities ensure the Medicare Advantage (MA), Medicare Advantage Prescription Drug Plan (MA-PD), and other prescription drug plan (PDP) organizations are compliant with the CMS marketing requirements and prohibitions. The downloadable report titled "CY10 AEP Report" is the industry summary report for the CY 2010 Annual Election Period. Later this year, CMS plans to have an industry summary report that summarizes outcomes for both the CY 2010 Annual Election Period and Open Election Period.
Page Last Modified: 11/01/2011 12:54:09 PM
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