Empire: Clarifications to CMS 2024 Policy and Technical Changes

Empire recently shared a brief summary of new marketing and communications regulatory requirements published in The CMS 2024 Policy and Technical Changes.

Clarification on the following topics has since been received:

Use of Medicare ID card in marketing materials- CMS prohibits the use of the Medicare name, logo, or products in a misleading way. It must be clear that the entity being represented in the material is not Medicare or representing Medicare or the Federal Government.

The Medicare ID card can be used in materials as long as it is not misleading, and CMS has given prior authorization to use it.

Follow the process below for obtaining prior CMS approval:

1. Send an email to the marketing mailbox ( marketing@cms.hhs.gov) outlining how the Medicare ID card image will be used and in what materials.
2. After submission, you will receive either an approval or disapproval from the CMS marketing mailbox.
3. If approved, you need to upload the email approval along with the actual piece into HPMS.

Scope of Appointment 48 hours in advance - At least 48 hours before the start of a personal marketing appointment, you must agree upon and record the Scope of Appointment with the beneficiary. This rule does not apply to inbound calls or to the end of a valid enrollment period. For example: A prospect calls you inquiring about available plans. You may obtain the SOA at that time and continue the conversation. Do not forget to provide the appropriate disclaimer at the start of the call and record the call. You can view and download the revised Summary Fact Sheet for additional details below.