1. Home
  2. |Insights
  3. |CMS Issues Draft Part D Plan Marketing Guidelines

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 | 3 min read | 08.03.26

New Jersey Takes Aim at Algorithmic and Surveillance Pricing: What Landlords and Retailers Need to Know About the FAIR Act and the Fair Price Protection Act

On July 20, 2026, New Jersey Governor Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, making New Jersey the fourth state to regulate algorithmic rent-setting practices. Three days later, on July 23, 2026, Governor Sherrill signed the Fair Price Protection Act, which targets “surveillance pricing”—the practice of using or collecting personal data about a user and using an algorithm or artificial intelligence to charge different consumers different prices for the same products. Together, these laws represent a significant expansion of New Jersey's consumer protection framework in the algorithmic pricing context....