CMS Issues Draft Part D Plan Marketing Guidelines
Client Alert | 1 min read | 06.01.05
By Lisa Joldersma
CMS has released draft marketing guidelines for 2006 Medicare Part D plans. Under the draft guidelines issued May 9, 2005, Part D plan sponsors may not release any marketing materials for 2006 product offerings until October 1, 2005. Sponsors also must have contracted with CMS and be capable of enrollment and operation prior to distributing marketing materials.
The CMS definition of marketing materials is quite broad, and includes any informational materials that:
- Promote a Part D plan
- Provide enrollment information for a Part D plan
- Explain the benefits of enrollment in a Part D plan
- Describe the rules that apply to enrollees in a Part D plan
- Explain how Medicare services are covered under a Part D plan
- Communicate various membership operational policies, rules, and procedures.
While “general health education materials” do not fall under these CMS guidelines, if such materials “are used in any way to promote the organization or explain benefits then they are considered marketing materials” subject to the CMS review and approval procedures. CMS considers print, radio, television and internet content to all be within its review authority.
The CMS draft proposes specific requirements for Part D plan member identification cards, including graphics, fonts, layout, and product name. Health plans currently subject to association or other corporate policies in these areas are advised to examine the CMS guidelines carefully for conflicting requirements. Any irresolvable conflicts should be brought to CMS's attention immediately to avoid costly changes or delay of marketing activities.
CMS also has released separate guidance regarding Medicare Advantage marketing activities. Further clarification is anticipated on appropriate coordination of the Part D and Medicare Advantage marketing guidelines.
Insights
Client Alert | 4 min read | 09.10.26
European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies
On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback. They replace the Commission's 2008 Guidance on enforcement priorities (which ceases to apply 30 days after publication of the new guidelines in the Official Journal) and represent the most significant reset of the Commission's Article 102 enforcement framework in nearly two decades. The Commission's stated aim is to set out principles and operational guidance, enhance legal certainty, and help companies self-assess their exclusionary-abuse risk.
Client Alert | 5 min read | 09.09.26
Client Alert | 8 min read | 09.08.26
Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom
Client Alert | 2 min read | 09.08.26
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status of Private Schools
