Cigna-HealthSpring recently became aware that some of our agent partners may have been recruited by third parties to promote and sell cancer or genetic screening tests to Medicare beneficiaries in exchange for compensation. Cigna-HealthSpring is not affiliated with any such program, and such tests are not part of the CMS-approved benefits Cigna-HealthSpring provides to its customers.

While we cannot comment on the legality of programs offered by third parties, CMS has raised concerns with similar testing arrangements in the past. See the memo from CMS dated June 10, 2015.

Thus, we write to remind our partners of their responsibility to follow all applicable state and federal laws, including the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and the Medicare Communication and Marketing Guidelines. Failure to comply with all applicable state and federal laws can result in corrective action being taken under the agent’s contract with Cigna-HealthSpring, up to and including termination of the contract, and can carry significant legal liability for the agent, including imprisonment, fines, and exclusion from participation in federal health care programs.

As with participation in any program, Cigna-HealthSpring recommends that our partners not participate in these programs unless they are able to confirm that their participation will not conflict with any applicable laws or regulations.

If you should have any questions about such programs, you may contact CMS directly at 1-800-MEDICARE or consult with an attorney knowledgeable in the various laws and regulations that govern the health care and insurance industry.