Dear Agency Partner,
Please ensure this message is shared with all relevant individuals within your organization, and your affiliates/downlines, that are involved with marketing and compliance.
Please read full details here.
Based upon Final Rule changes, Humana has updated guidance documents in the links below for use when creating marketing materials and submitting for Humana review/approval.
Other important notes:
- Please ensure that you always include salesintegrityreview@humana.com with all marketing submitted to Humana for review. This is more important than ever before.
- Continue to ensure every submission has an accurate and complete submission spreadsheet. Failure to do so will delay your review.
- Permission to Contact (PTC) forms, whether they are marketing or communications, must be compliant. For example, working with reputable lead companies who are clearly communicating about Medicare, ensuring only contact information is required, advising a licensed sales agent will call and containing consent language as mandated by TCPA, FTC, FCC and HIPAA. Please see Humana guardrails and the Final Rule for more detail.
- On April 23, 2024, CMS published the Contract Year 2024 Policy and Technical Changes to Medicare Advantage and Prescription Drug Final Rule (CMS-4201-F) making various regulatory changes and additions to the sales and marketing provisions, effective September 30, 2024. Humana strongly encourages all TPMOs to read through the regulations and CMS commentary within the Final Rule and not solely rely on Humana for compliance and operational requirements. A copy of the Final Rule may be found here. CMS may release updated sub-regulatory guidance within the Medicare Communication and Marketing Guidelines to supplement the Final Rule provisions in the coming months which may result in updates to the requirements for communications and marketing materials and activities.
- TPMOs are expected to be aware of state laws, like the North Dakota ruling prohibiting specific lead companies (and their non-compliant mailers)
Thank you for your adherence to compliance.
Humana MarketPoint Sales Integrity, Marketing Review Team
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