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New Medicare sales and marketing requirements

The Centers for Medicare & Medicaid Services has finalized the following provisions related to Third Party Marketing Organization oversight, which includes independent producers.

Effective October 1, 2022, appointed producers and agencies selling Kaiser Permanente Medicare Advantage (HMO) plans must:

  • Include the following disclaimer statement in verbal and electronic communications, websites, and marketing materials: "We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact or 1-800-MEDICARE to get information on all of your options."
  • Disclose to the Medicare organization any subcontracted relations used for marketing, lead generation, and enrollment.
  • Record all calls with beneficiaries in their entirety, including the enrollment process.
  • Report any staff disciplinary actions or violations of any requirements that apply to the Medicare Advantage plan associated with beneficiary interaction to the plan.
  • Disclose to beneficiaries — when conducting lead-generating activities — that their information will be provided to a licensed agent for future contact.

Please be on the lookout for additional communication and outreach from Kaiser Permanente, and prepare yourself and your agency to meet the requirements noted above.

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