CMS Targets Deceptive Marketing and Improving Health Equity in Medicare Advantage (MA) Plans

In late 2022, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule that takes aim at deceptive marketing in television commercials, online ads, and mailers related to Medicare Advantage plans. CMS proposes prohibiting ads that do not mention a specific plan name as well as ads that use words and imagery, such as the Medicare name or logo, that may confuse beneficiaries in a way that is misleading, confusing, or misrepresents the plan.

In the rule, CMS also proposes to newly codify past guidance containing important protections that increases beneficiary protections against high-pressure and misleading marketing, ensures beneficiaries are not pressured into enrolling in certain plans or attending events as well as prevent predatory marketing, and codifies policy that strengthens the role of plans in monitoring agent and broker activity. 

To increase health equity, CMS proposes further clarification of a current requirement for MA plans to provide culturally competent care by expanding the list of populations that MA organizations must provide services to in a culturally competent manner.

This includes people:

1. With limited English proficiency; 
2. Of ethnic, cultural, racial, or religious minority groups;
3. With disabilities;
4. Who identify as lesbian, gay, bisexual, or other diverse sexual orientations;
5. Who identify as transgender, non-binary, and other diverse gender identities, or people who were born intersex;
6. Who live in rural areas and other areas with high levels of deprivation; and
7. Otherwise adversely affected by persistent poverty or inequality.

The full text of the proposed rule can be found below.