The Centers for Medicare and Medicaid Services (CMS) publish edits 2023 Final Rule this past spring. The Final Rule announces changes that have been made to existing marketing and communication requirements for both Medicare Advantage and Part D plans. These changes strengthen the oversight of third-party marketing organizations (TPMO) and include new consumer protections.
The 2023 Final Rule is to be applied to all marketing and communications that occur beginning with Contract Year 2023. This means that any marketing occurring October 1, 2022 and later, as well as any communications that are distributed for 2023, regardless of when they are distributed, are impacted by the new 2023 Final Rule.
Several of the new requirements apply to Third Party Marketing Organizations (TPMOs) which CMS has defined as:
The Final Rule expands plan oversight requirements of TPMOs. As a result, contracts and written agreements between TPMO and Cigna or between the TPMO and the plan’s FDR will need to be updated to include certain requirements. Cigna plans to address this by updating our Rules of Engagement (ROE) document and redistributing it by the end of September.
The Final Rule includes additional oversight activities, requiring that you:
Cigna would like to remind you of the need to provide the following disclaimer, when applicable, including in marketing materials that you may be creating now for AEP 2023:
The disclaimer is required to be communicated as follows:
To ensure AEP and compliance readiness, prior to AEP, Cigna will provide additional guidance related to the disclosure information you are to provide to them as a result of the new requirements. They also ask that youvensure all TPMOs that you contract with directly in support of Cigna lead generation, marketing, sales, and enrollment are aware of and adhere to the new requirements.
Previously Cigna mentioned that they would provide additional guidance relating to the disclosure information that you must provide to Cigna as a result of the new requirements. Please read below for the steps that we are taking to comply with these new requirements, and what will be required of you.
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