Lexology June 6, 2022
The Centers for Medicare & Medicaid Services (“CMS”) has published its final rule (“Final Rule”) revising the Medicare Advantage (“MA”) and Part D regulations related to, inter alia, marketing and communications. In response to what CMS reports as a substantial increase in the number of Medicare beneficiary complaints associated with third-party marketing organizations (“TPMOs”) that sell, or assist in the sale of, MA and Part D plans, the Final Rule codifies several new communications and marketing requirements aimed at further safeguarding Medicare beneficiaries and indirectly increasing regulatory oversight over TPMOs. The revised regulations will become effective on June 28, 2022.
Background
MA organizations and Part D plan sponsors must comply with CMS’s regulations set forth at Title 42 of the...
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