Timeline: A History of the Biden Admin’s Battle Against Misleading Medicare Marketing
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Dec 05, 2024
In its final annual update to the Medicare Advantage and Part D programs, President Joe Biden’s CMS on Nov. 26 issued a proposed rule that contained a slew of marketing and communications provisions slated to take effect for plan year 2026. These include new items that agents and brokers must discuss with Medicare consumers, an expanded definition of materials that plans must submit to CMS prior to marketing for the Annual Election Period, and new guidelines for MA organizations’ marketing of supplemental benefits.
CMS’s proposal to expand oversight of MA advertisements “would build on previously finalized policies to protect people with Medicare from predatory marketing behavior such as misleading television, web-based and direct mail advertisements,” stated CMS Center for Medicare Director Meena Seshamani, M.D., during a Nov. 26 call with reporters. “These protections have resulted in CMS rejecting over 1,500 TV ads submissions in the last two years that were noncompliant and misleading to consumers, and the proposals in this rule would further strengthen this oversight.”
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