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September 23, 2008

Medicare issues new rules to enforce marketing requirements

The two regulations issued today include prohibitions on telemarketing and other unsolicited sales contacts. The new rules also prohibit financial incentives that could encourage agents and brokers to maximize commissions by inappropriately moving, or churning, beneficiaries from one plan to another each year. Plans must be in compliance with these provisions when they begin their marketing activities on October 1, 2008.
The final rule implementing MIPPA marketing requirements may be viewed at http://www.cms.hhs.gov/HealthPlansGenInfo/Downloads/2008-21674_PI.pdf external pdf.
The interim final rule dealing with agent commissions and other MIPPA provisions may be viewed at http://www.cms.hhs.gov/HealthPlansGenInfo/Downloads/2008-21686_PI.pdf external pdf.
Comments are due at 5:00 p.m. Eastern time on November 15, 2008.
Guidance for MA plans under Part C and PDPs under Part D plans may be viewed at http://www.cms.hhs.gov/HealthPlansGenInfo/Downloads/MIPPA_Imp_memo091208Final.pdf external pdf.
Fact sheets with more information on each rule may be viewed at http://www.cms.hhs.gov/apps/media/fact_sheets.asp external link.
To read more of the CMS press release issued September 15, 2008, click here: http://www.cms.hhs.gov/apps/media/press_releases.asp external link.
Source: PERL 200809-41
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