Lexology April 12, 2023
The U.S. Centers for Medicare and Medicaid Services (CMS) issued a final rule on April 5, 2023, revising the regulations governing marketing by Medicare Advantage plans (MAPs) and Medicare Part D plans (PDPs). These changes follow CMS’s October 2022 memo expressing concern regarding MAP and PDP marketing practices, and the proposed rule issued on December 14, 2022. The changes are applicable for all contract year 2024 marketing and communications beginning September 30, 2023.
In the October 2022 memo, CMS stated that it had reviewed thousands of complaints and hundreds of marketing calls and identified numerous instances where confusing, misleading, and/or inaccurate information was provided to beneficiaries. Following the release of the CMS memo, on November 3, 2022, the U.S. Senate...
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