Soon, we might start seeing more truthful TV commercials for Medicare Advantage plans. Or at least ads that are less misleading.

On April 1, 2023, the Centers for Medicare & Medicaid Services (CMS) finalized new advertising rules for Medicare Advantage (MA) plans and Prescription Drug Plans (PDPs). These rules are designed to protect Medicare beneficiaries from misleading or deceptive marketing practices. The new rules become effective January 1, 2024.

Some of the key provisions of the new rules include:

• Prohibition on using the Medicare name or logo in a misleading way. For example, plans cannot use the Medicare name or logo to imply that they are affiliated with the federal government.
• Prohibition on using superlatives, such as “best” or “most,” without providing supporting documentation. For example, plans cannot claim to be the “best” MA plan without providing evidence to support that claim.
• Prohibition on marketing benefits that are not available in a plan’s service area. For example, plans cannot advertise that they offer a certain type of doctor’s appointment if that type of appointment is not available in the plan’s service area.
• Prohibition on marketing to beneficiaries who have not requested information about MA plans. For example, plans cannot call or email beneficiaries who have not expressed an interest in learning more about MA plans.
• Requirement to provide clear and accurate information about plan costs and benefits. For example, plans must disclose all of the costs associated with their plans, including premiums, copays, and deductibles.

The new advertising rules are designed to help Medicare beneficiaries make informed decisions about their health insurance coverage. By prohibiting misleading or deceptive marketing practices, the rules will help to ensure that beneficiaries have access to accurate information about MA plans and PDPs.

In addition to the new advertising rules, CMS also finalized new rules governing the enrollment process for MA plans and PDPs. These rules are designed to make it easier for beneficiaries to enroll in the plans that best meet their needs.

The new enrollment rules include:

• A 48-hour “cooling-off” period for beneficiaries who enroll in an MA plan or PDP. During this period, beneficiaries can cancel their enrollment without penalty.
• A requirement for plans to provide beneficiaries with a summary of benefits and coverage (SBC) at least 30 days before the start of the plan year. The SBC must include all of the important information about the plan, such as premiums, copays, and deductibles.
• A requirement for plans to provide beneficiaries with a copy of their enrollment application within 30 days of submitting the application.

The new enrollment rules are designed to give beneficiaries more time to make informed decisions about their health insurance coverage. By providing beneficiaries with more information about plans and by allowing them to cancel their enrollment during a “cooling-off” period, the rules will help to ensure that beneficiaries are able to choose the plans that best meet their needs.