Sales Event Compliance

Are you considering holding a marketing event to get the attention of more Medicare clients? You’ll need to follow CMS’ rules for hosting sales events.

Establishing Your Event

First and foremost, you must determine which type of marketing event you’d like to hold. There are two types of sales events: formal and informal. Here’s what sets them apart:

• Formal Sales Events: Agent presents plan-specific information to an audience invited to the occasion.

• Informal Sales Events: Agent offers plan info upon request only while at a table, booth, kiosk, or RV.

After you do that, you should decide on the when and where. You must register sales events with the proper parties and hold them in a public setting where individuals do not receive health care services. Note, you may carry out sales activities in common areas of health care settings, including common entryways, vestibules, waiting rooms, hospital or nursing home cafeterias, and community, recreational, or conference rooms. You may NOT carry out sales activities in exam or hospital patient rooms, treatment areas where patients interact with their provider or provider’s team, and pharmacy counter areas where patients interact with pharmacy providers and obtain medications. Avoid sales activities at health fairs or expos where health screening is being provided to avoid the risk of being perceived as engaging in “cherry picking.” Additionally, be aware that you cannot hold a sales event within 12 hours of an educational event in the same building or any adjacent buildings.

To meet these fundamental requirements, be sure to schedule your event far enough in advance to reserve a suitable space and let everyone know about it.

Registering Your Event

Do you need to register sales events? Exact reporting deadlines and requirements vary from carrier to carrier, but carriers are responsible for maintaining accurate records of all their agents’ educational events and informal and formal sales events. The earlier you submit your events to carriers, the sooner you’ll be able to start advertising them.

Getting to know all your carriers’ reporting requirements is important. The required lead time for reporting your event varies from carrier to carrier, so register your event as soon as possible. Not registering an event in time with one of them will force you to reschedule it. Furthermore, if you fail to register an event with a carrier, you could lose out on sales commission and have your contract revoked.

To learn carriers’ reporting requirements, start by looking in your online agent portal for guidance. Reporting often involves submitting an event information form to a sales manager or representative through email or using an online reporting tool. When in doubt, call the carriers’ agent support number for help. 

Note: Any event not advertised as “educational” can be viewed as a marketing event and should be registered as one.

Marketing Medicare Sales Events

While just putting out a flyer with your sales seminar or workshop’s information on it seems nice, it’s unacceptable. You must adhere to certain regulations for marketing your sales event.

When creating ads or invites, you cannot require potential attendees to provide contact information to RSVP for the event. While you may plan to educate attendees on Medicare programs during your presentation, you cannot say your sales event is “educational” because educational events have a different set of requirements. You should disclose the products you plan on reviewing.

Additionally, you must include the following disclaimer on all advertisements and invitations for your event:

“For accommodation of persons with special needs at sales meetings call .”

If your event involves marketing Medicare Advantage or Part D, then you must also include the following third-party marketing organization (TPMO) disclaimer on any printed materials distributed for the event.

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.”

You can promote your gathering online, via direct mailers and flyers, or through other forms of media. However, if you cancel the event at least two days in advance, it’s a good practice to notify potential attendees via the same advertising channels you used to promote the event.

Giving Your Presentation

Sales events allow agents to try to direct potential enrollees or current members toward a plan or set of plans. Many marketing and lead-generating activities are allowed, but there are rules regarding the information you can collect.

See what you can and cannot do at sales events below.

Cancelations

Not everything goes as planned. Sometimes you may have to cancel your sales event.

While the Medicare Advantage & Part D Communication Requirements don’t require you to submit sales event cancellations in HPMS, you should follow the best practices below and any policies set forth by your carriers.