CMS Marketing Changes 2024 Announced
This post first appeared on Linkedin on April 27 2023 and is written by Scott Nichols
The Centers for Medicare & Medicaid Services (CMS) recently announced major changes to the Medicare marketing guidelines set to take effect in 2024.
As we count down the final months before these new CMS regulations go into effect in 2024, it is vital for those involved in healthcare marketing to remain up-to-date on all relevant policy changes so that they can ensure compliance with these important rules. Doing so will not only protect your business from potential legal entanglements but also help you maximize your reach with potential customers while providing them with accurate information about their health care needs.
Telemarketing rules for Medicare plans in 2024:
1. Telemarketers must disclose to consumers that they are calling from a telemarketing firm, and the name of the organization they are calling on behalf of.
2. Telemarketers must provide all important plan information at the start of the call, including but not limited to premiums, benefits, co-pays and deductibles.
3. Telemarketers must offer an opt-out option for consumers who do not wish to receive further calls.
4. Calls cannot be made before 8 a.m or after 9 p.m local time, unless the consumer has given permission to contact them outside these hours.
5. Calls cannot exceed three minutes in length unless extended by the consumer’s request.
6. All telemarketing calls must comply with applicable federal and state laws regarding Do Not Call lists and other regulations pertaining to telemarketing activity.
In 2024, direct mail marketing campaigns must adhere to the following rules as outlined by the CMS:
1. All mailing lists must be obtained from a legitimate source with permission granted for each recipient, and all sent emails must include an opt-out option.
2. Mailings must include accurate contact information of the sender.
3. All mailings should include a statement indicating the content is an advertisement or promotional material.
4. Mailings should not contain false or misleading statements or illustrations.
5. The mailing must not contain any obscene, defamatory, or otherwise inappropriate material.
6. Any offers included must clearly explain eligibility requirements and product details in plain language that is easy to understand for recipients of all ages and backgrounds.
7. Advertisements for products and services that are illegal in any jurisdiction may not be used in direct mail marketing campaigns without explicit authorization from local authorities first being obtained.
For 2024 advertising, all content must comply with the following CMS (Content Management System) marketing rules:
1. All advertisements must contain accurate and up-to-date information regarding the product or service being advertised.
2. All claims made in the advertisement must be substantiated with reliable evidence or data.
3. Advertisers may not knowingly misinform, mislead, or deceive consumers through their advertisements.
4. Ads must clearly distinguish between editorial content and advertising messages. The source of any sponsored content should be identified as such to consumers.
5. Advertising should not contain language that discriminates against individuals on the basis of race, gender, age, national origin, religion, sexual orientation, disability status, marital status, military status or other characteristics protected by law.
6. Ads should adhere to industry standards on health and safety for products or services being promoted.
7. Ads should always respect cultural sensitivities when targeting different audiences including respecting religious customs by avoiding holidays or holy days associated with particular religions or cultures when launching campaigns or promotions related to those cultures and religions.
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-Scott Nichols
