CMS is checking agent and agency websites, and have found that many are not in compliance with their third-party website marketing guidelines. Any website that is operated by an agent or agency that has information about Medicare Advantage, Medicare Advantage Prescription Drug, and/or Prescription Drug Plans is considered a third-party website and must abide by CMS marketing guidelines.

Some of the violations are as follows:

• Requesting beneficiary identification numbers such as Medicaid or Social Security Numbers

• Using the word “free” in reference to the benefits of Medicare plans

• Requesting beneficiary referrals

• Displaying carrier logos without prior approval

• Requesting health information, such as weight, age, date of birth, and tobacco use

• Displaying plan cost-sharing and benefit information before October 1^st for the next year's plans

• Identifying a MA, PDP, or MA-PD plan inaccurately as a Medicare Supplement

• Using the words “lowest, best, highest ranks” and other absolute superlatives to describe plans, and stating you can sell “all plans” for your area

• Charging a fee of any kind to provide information about MA, PDP, or MA-PD plans

• Claiming you are recommended or endorsed by the Department of Health and Human Services, CMS, or Medicare

Please be sure to check your website to ensure you are not in violation of any of these requirements. If you have any additional questions, please contact our compliance department for further assistance.