Here’s how to make compliance simple:
1. Keep things generic and educational
When it comes to advertising your business, the simplest path to compliance is to state who you are, what you do, where you’re located, and how to get in touch with you.
Example: “Hi, my name is John Smith and I’m a local insurance broker. I help Medicare beneficiaries find the right coverage for their unique healthcare needs. You can contact me at 469-702-1234.
There is nothing wrong with letting people in the community know how you can help them. The “compliance” part comes into play when you start mentioning plan benefits.
2. Make it clear that you are not Medicare
Don’t try to look like you are from the federal government.
Don’t use the Medicare card. Don’t use official government logos.
Make it clear that you are an insurance agent/agency with no government affiliation.
3. Use pre-approved carrier advertisements
This is one of the easiest ways to stay compliant.
If you want to market specific benefits or talk about a specific carrier, just use the materials they have already approved in their carrier-specific agent portals.
Otherwise, you will have to get everything approved.
4. Clarify educational vs. marketing events
You must make it clear what type of event you are advertising. If it’s educational, it should say “educational.” If it’s marketing/sales, it should say “sales.”
Educational Events provide general information about Medicare, Medicare Advantage, PDPs, etc. They should be generic, factual, and non-biased. These are not designed to persuade a beneficiary to enroll.
Activities Permitted:
- Provide communication materials
- Answer beneficiary-initiated questions about MA plans
- Collect beneficiary contact information
- Provide meals (as long as they are in compliance with guidelines)
Activities NOT Permitted:
- Market specific plans or benefits
- Distribute marketing materials (like plan applications)
- Conduct sales/marketing presentations
- Distribute or collect Scope of Appointment (SOA)
- Set up future personal marketing appointments
Marketing/Sales Events are where you provide plan-specific information. Just remember, you cannot require sign-in sheets or contact information as a prerequisite for attending.
5. Use common sense
The AHIP, NABIP, and carrier-specific certifications all teach you the do’s and don’ts of Medicare Advantage.
Here are some examples: don’t say Medicare is just for seniors, don’t use the word free when referring to plan benefits, avoid high-pressure sales tactics, don’t make false statements about what a plan offers, don’t call something the best.
Just be honest and ethical and you’ll do fine!