Medicare Part D Marketing Guidelines

Medicare's prescription benefit, Part D, is one of the most complicated aspects of Medicare. Part D isn't offered by Medicare directly, like Parts A and B, but entirely through private companies. All Medicare beneficiaries can get Part D plans, but not all beneficiaries need it, depending on what other insurance coverage they have. Add in marketing, and it all becomes even more confusing. This is why Medicare has put strict guidelines in place for those selling and marketing Part D plans.

Plan Advertising

• Plans are required to disclose what regions they cover, as most plans are regionally based. Plans are required to use standard language so it's easier to compare one plan with another. Plans can't discriminate in markets, like only advertising in high-income areas. Plans are required to accommodate non-English speakers, and have marketing materials available in any language spoken by more than 10 percent of their service area. Plans also can't claim to be endorsed or recommended by Medicare. Plans can say they are approved by Medicare.

Contacting Medicare Beneficiaries

• A plan sponsor, or company, can contact members that currently have a Medicare supplement plan. They have to contact all members, though, and not just ones that are particularly healthy. Plans can include information in mailings about other products they offer (like life insurance, for example), but they can't include enrollment forms for non-Part D products, as this can be confusing. Plan representatives can't cold call or go door to door without a pre-arranged appointment that includes a scope-of-appointment form filled out at least 48 hours in advance of the appointment time.

Seminars and Events

• Any invitation to a sales seminar or event has to include the fact that there is going to be selling on site. Seminars and events can offer promotional items, but they have to be available to everyone, not just people who enroll in the plan, and they have to be of nominal value ($15 in 2009). Meals can't be offered at a sales event, but can be offered at educational events. Seminars or other sales events cannot be held in a health-care setting.

Fraud and Abuse

• Medicare and state insurance departments are intolerant of any fraud or abuse. This includes any sort of misrepresentation, like saying Medicare recommends a specific plan, providing incomplete materials, or not being properly licensed. Any fraud should be reported immediately, either to the company you represent or directly to Medicare. The state of Maine recommends its insurance producers (those licensed to sell insurance) to never attempt to dissuade someone from seeking additional help from a Senior Health Insurance Program or Department of Aging.