Important Disclaimers to Consider
Here are the disclaimers you must consider using for your Medicare marketing materials:
| Medicare Advantage & Part D | |||
|---|---|---|---|
| Disclaimer | Model or Standardized Content | Applicable Content and Notes | Example |
| New for 2023: TPMO Disclaimer42 CFR 422.2267(e)(41) | Standardized ContentFor TPMOs that do not sell all MA and/or Part D plans within a service area: “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.”For TPMOs that sell all MA and/or Part D plans within a service area: “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.” | Required on:All TPMO marketing materials, including all print materials and TV ads, that are used, created, or distributed by a TPMO and that meet the definition of “marketing”All TPMO websites (prominently displayed)Provided verbally within the first minute of a sales callProvided electronically when communicating with a beneficiary through email, online chat, or other electronic means of communicationNot required to be conveyed during an in-person meeting | “We do not offer every plan available in your area. Currently we represent three organizations which offer six 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.” |
| Lead Generation Disclaimers42 CFR 422.2274(g)(3)(i) | TPMOs conducting lead generation activities must inform the Medicare beneficiary that their information will be provided to a licensed agent for future contact, or that the Medicare beneficiary is being transferred to a licensed agent who can enroll them in a new plan.This is to be done verbally, electronically, or in writing, depending on how the TPMO is interacting with the Medicare beneficiary. | Required to clearly state on all lead generation forms that a licensed agent will be contacting the Medicare beneficiary.Required on call scripts, when transferring the call to a licensed agent, the individual speaking to the beneficiary must clearly state the call is being transferred to a licensed agent. | “Your information will be provided to a licensed insurance agent. You may be contacted by a licensed insurance agent.”For all call scripts when transferring the call to a licensed agent:“You are now being transferred to a licensed insurance agent who can enroll you in a new plan.” |
| Federal Contracting Statement42 CFR 422.2267(e)(32) | Model ContentMust include:Legal or marketing nameType of planStatement that the organization has a contract with MedicareStatement that enrollment depends on contract renewal | Required on all marketing materials except banners and banner-like advertisements, outdoor advertisements, text messages, social media, and envelopes. | “< Agent/Agency > is a licensed and certified representative of Medicare Advantage organizations and stand-alone prescription drug plans. Each of the organizations they represent has a Medicare contract. Enrollment in any plan depends on contract renewal.” |
| Star Ratings42 CFR 422.2267(e)(33) | Model ContentMust convey that plans are evaluated yearly by Medicare and that the ratings are based on a five-star rating system. | Required on all marketing materials that mention Star Ratings.Because of space limitations with electronic media, like search ads and social media, it is acceptable to provide the Star Ratings disclaimer to the viewer when the viewer clicks on the ad. | “Every year, Medicare evaluates plans based on a five-star rating system.” |
| Accommodations42 CFR 422.2267(e)(35) | Model ContentMust convey that accommodations are available for persons with special needs and provide a telephone number and TTY number. | Required on all invitations to events, including educational events and market/sales events. | “For accommodations of persons with special needs, call < insert phone and TTY number >.” |
| Promotional Giveaways, Prizes, Free Gifts, or Drawings42 CFR 422.2267(e)(37) | Model ContentMust convey that there is no obligation to enroll in a plan. | Required when offering promotional giveaways such as drawings, prizes, or free gifts. | “Eligible for a free drawing, gift, or prizes with no obligation to enroll.”“Free gift without obligation to enroll.” |
| Product Endorsement or Testimonials42 CFR 422.2262(b) | Model Content | Required to comply with the following when individuals endorse an MA organization’s product:Speaker must identify the MA organization’s product or company by name.Medicare beneficiaries endorsing or promoting MA plans must have been a member of the plan at the time the endorsement or testimonial was created.Endorsement or testimonial must clearly state that the individual was paid for the endorsement or testimonial, if applicable.If an individual is used (such as an actor) to portray a real or fictitious situation, the endorsement or testimonial must state that it is an actor portrayal. | “Paid endorsement.””Paid actor portrayal.” |
| Not Affiliated with Medicare or the Government42 CFR 422.2262(a)(1)(xi) | Model ContentMust convey that that the organization or agent is not affiliated with or endorsed by any government agency. | Required on all communications and marketing materials.If a material includes the word “Medicare” in the organization’s name or logo, it must be clearly stated that this is a “non-government entity” directly below the name or logo. | “Not affiliated with or endorsed by any government agency.”“A non-government entity” directly below a name or logo that contains the word “Medicare.” |
| Member-Facing Websites | Model ContentAll member-facing websites must include non-conspicuous verbiage relating to accessibility and non-discrimination. | The following language is recommended to be added to the footer of the website, which links to a page that contains all the required information. | “The plans we represent do not discriminate on the basis of race, color, national origin, age, disability, or sex.” |
| Providing Materials in Different Media Types (Communications and Marketing)42 CFR 422.2264(a)(1) | Model ContentAfter giving consent for electronic mailings, the enrollee must be able to opt out. | Include an “Opt-Out” or “Unsubscribe” option in email communications that include instruction or a link with instruction on how to opt out. The unsubscribe link must be active and truly unsubscribe someone from the future email messages as described in the unsubscribe instructions. | “Opt-Out” or “Unsubscribe” with opt-out/unsubscribe link |
| Materials That Include Agent’s Phone Number42 CFR 422.2262(c)(1)(ii) | Model ContentMaterials that include an agent’s phone number should clearly indicate that calling the agent’s number will direct an individual to a licensed sales agent. | Use this disclaimer when listing a number that dials a sales agent.Must include TTY: 711 next to the phone number. | Immediately prior to including the agency’s number or any number that will reach a sales agent, state that the number will dial a “licensed sales agent” or “licensed insurance agent.” |
| Medicare Supplement | |||
|---|---|---|---|
| Disclaimer | Model or Standardized Content | Applicable Content and Notes | Example |
| Marketing Medicare Supplement Insurance Plans | Model Content | State requirements may vary on required content and disclaimers.At minimum, we recommend the following disclaimer: “This is a solicitation for insurance.” | “This is a solicitation for insurance.” |
TPMO Disclaimer FAQs
Is the TPMO disclaimer required on materials created by the plan that I’m using and distributing to clients?
No. If the document was developed by the plan (e.g., Summary of Benefits) and you’re using it exactly as provided by the plan, the disclaimer is not required. However, if you alter the document, the disclaimer needs to appear.
Also, please note, the TPMO disclaimer is effective for all materials/sales interactions for enrollment effective dates of January 1, 2023, and beyond.
Does the TPMO disclaimer have a required location on written materials?
No. There is no specific requirements on where the TPMO disclaimer must be displayed on written materials (e.g., emails, letters, etc.) However, the disclaimer does need to be prominently displayed somewhere on actual materials.
What materials need updated with the TPMO disclaimer?
You should add the TPMO disclaimer to the following resources:
- Your website
- Electronically conveyed when communicating with a beneficiary through email, online chat, or other electronic means of communication
- Marketing materials, including print materials and television advertisements, developed, used or distributed by the TPMO
- Sales calls within the first minute
We recommend providing the TPMO disclaimer on all materials where it is possible to do so in a font that is easily read and understood by the recipient. Additionally, other disclaimers or marketing requirements may exist. If your business card contains nothing more than your contact information, we see little risk in omitting the disclaimer.
Is the TPMO disclaimer required to be included on a social media post marketing my business and including my phone number?
Yes. As specified by CMS, if a social media post is being used for and meets the definition of “marketing” (as noted in the Medicare Advantage Communication Requirements), the TPMO must include the disclaimer in the post. Additionally, other disclaimers or marketing requirements may exist.