Educational Events Compliance

The Centers for Medicare and Medicaid Services (CMS) have set forth rules on what you can and cannot do when holding Medicare education events.

Promoting Medicare Educational Events

You can advertise these events via most forms of marketing, including newspaper and radio ads, flyers, and direct mailers. However, there are a couple guidelines you must follow when marketing educational events:

• All educational events must be explicitly marketed as “educational” to beneficiaries.

• Educational event advertisements and invitations must also contain the following disclaimer: “For accommodations of persons with special needs at meetings call .”

When it comes to enrollee-only events, these may qualify as “marketing.” (Typically, enrollee-only events are held for a specific carrier’s current enrollees, and the intent is to retain the current enrollees in a plan.) Retention marketing or the mention of any benefits is considered “marketing”. Since enrollee-only events are conducted on behalf of a specific carrier, we would advise you to follow carriers’ guidelines to stay compliant.

Note: You can review the full Medicare Communications and Marketing Guidelines on CMS.gov and the Medicare Advantage and Part D Communication Requirements on the Federal Register site.

Giving Your Presentation

Remember, during educational events, your primary focus is to educate attendees. It is not to lead or attempt to lead attendees toward a specific plan or set of plans.

Follow the guidelines below to help ensure your compliance.

During Educational Events on Medicare Choices

Here are some examples of phrases that you can’t say throughout educational events…

“You can sign in on the sheet of paper up front.”

There shouldn’t be a sign-in paper up front at this type of event. You cannot display a sign-in sheet or collect contact info from attendees at educational events.

“Here’s a paper with the premiums and copays of these plans.”

Educational events are to be strictly educational. During them, you can’t lead or attempt to lead attendees toward a specific plan or set of plans. You can’t hand out anything that lists premiums or copays at these events. You can’t hand out any carrier-specific plan or benefits info or distribute marketing plan materials.

“How about we schedule an appointment?”

You can’t schedule appointments during educational events. You can offer business cards or provide generic reply cards for the attendees to initiate contact.

“Can you fill out this Scope of Appointment?”

You are prohibited from distributing and collecting Scopes of Appointment at educational events.

“Who wants an application?”

It’s also prohibited for you to hand out other Medicare marketing materials and applications at educational events.

“I hope you can make it to my sales presentation immediately following this event!”

You are not allowed to hold a sales event within 12 hours of an educational event in the same building or any adjacent buildings.

During Both Types of Events

Finally, here is an example of a phrase you can’t say throughout both educational and sales events…

“I’ll give whoever knows the answer to this question a $25 gift card.”

While it’s true that money talks, and many people like the chance to win a gift card, these types of offers don’t help people make the best decisions for their Medicare coverage. CMS’ rules dictate that you cannot give away cash or other monetary rebates at educational or sales events.

Important Note About Virtual Events

If your Medicare event is taking place via Zoom, Microsoft Teams, or another online video chat platform, make sure you record that meeting and state one of the following TPMO disclaimers.

If marketing fewer than all plans within a service area, use:

“We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) to get information on all of your options.”

If marketing all plans within a service area, use:

“Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. You can always contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) for help with plan choices.”