What Agent Marketing Activities Are Prohibited During the MA OEP?
CMS prohibits agents and brokers from intentionally targeting or sending unsolicited marketing materials to MA and Part D enrollees during the Medicare Advantage Open Enrollment.
During the MA OEP, brokers and agents cannot:
- Engage in activities that use the MA OEP as an opportunity for additional sales.
- Call or contact enrollees who have made a new plan selection during the Annual Enrollment Period (AEP).
- Purchase mailing lists or other identifiable information in an attempt to directly target beneficiaries during the MA OEP because they made a selection during the AEP.
- Send unsolicited marketing materials referencing the MA OEP or the opportunity to make an additional enrollment change.
What Marketing Activities Can Agents Perform During the MA OEP?
Agents and brokers are limited in marketing activities during the Medicare Advantage Open Enrollment Period (MA OEP) however, are able to:
Conduct marketing activities that focus on other enrollment opportunities, including but not limited to:.
- Send marketing materials only when a beneficiary makes a proactive request.
- Set up a one-on-one meeting only at a beneficiary’s request.
- Marketing 5-star plans by regarding their continuous enrollment SEP
- Marketing to age-ins (who have not yet made an enrollment decision)