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NEW RULES for Marketing Medicare Plans

By Stephanie Frisch

Beginning September 30th, no longer will those annoying commercials selling Medicare Advantage plans be allowed to be so misleading. This crackdown comes following what the Health and Human Services Secretary Xavier Becerra calls “misleading marketing schemes by health insurance companies.”

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These commercials to sell you on Medicare Advantage plans; an alternative to getting your Medicare benefits directly from the government along with a Medicare supplement and a Medicare drug plan, have gotten out of control. No longer will it be allowed for them to show a Medicare logo in a way that could make someone believe they are representing the federal government.

These Medicare Advantage plans have grown in popularity as an alternative to Original Medicare. Federal officials estimate that by the end of 2023 more than half of Medicare’s 65 million enrollees will be enrolled in a Medicare Advantage plan. These plans can be either an HMO or a PPO and are offered by private insurance companies.

Medicare Advantage plans include the required Medicare prescription drug coverage and then add additional benefits that Original Medicare doesn’t cover such as an annual routine vision exam and eyewear allowance, routine hearing test and hearing aid benefit, over the counter health and wellness products, dental benefits and more. You can see why they are growing in popularity.

According to AARP, Becerra said the new rule “would prohibit overly general ads about the Medicare Advantage program that often tends to confuse and mislead eligible individuals.” The new regulation requires that an advertisement for Medicare Advantage specify the name of the plan, limits the use of the name Medicare and prohibits images of Medicare cards and the CMS logo (Centers for Medicare/Medicaid Services). The regulation requires that those on the other end of the 800 number that the individual is calling from first confirm if the plan is even offered in the area someone seeing the ad lives. If it is offered, then the regulations require a full explanation of coverage and that the call is recorded. A disclaimer specific to the service area of the individual’s county of residence must be included in the first minute of the phone call.

Stephanie Frisch is the owner of Insurance 101 and is an independent insurance broker dedicated to helping others make “educated decisions” about their insurance choices when it comes to Medicare. For answers to your questions, or no-fee consultation, call 949-292-4958.

September 5 - 10, 2023

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