take control be informed what every medicare beneficiary needs to know to survive annual enrollment...
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Take ControlBe Informed
What Every Medicare Beneficiary needs to know to survive Annual
Enrollment
October 2009
California Health Advocates
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Knowledge is Power
• Understanding Medicare Benefits puts you in control of your Health Care.
• If you are satisfied with your current Medicare coverage option, simply review your plan carefully for any new changes.
• If you decide you want to explore more options know your rights.
California Health Advocates
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Medicare has tightened regulations pertaining to the sale of
Medicare products
• Historically, Sale Abuses have been prevalent.
• Know what sales agents can and cannot do.
• If you suspect Medicare Abuse or Fraud, Report it.
California Health Advocates
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You are protected from Unsolicted Contacts
42 CFR 422.2268(d) and 422.2268(d)-CMS 4141-F
– The rules extend existing prohibition on door-to door solicitation
No– Outbound marketing calls, unless beneficiary
requested the call– Calls to former members to market plans or
products– Calls to confirm receipt of mailed information
California Health Advocates
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• Approaching in common areasi.e. Parking lots, hallways, lobbies, etc.
• Calls/visits after attendance at sales event, unless express permission given
• Unsolicited e-mails
• Gifts cannot be given unless they are nominal and less than $15.00 in value
Protections cont.
California Health Advocates
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Plans are allowed to ….
Calls are permitted to:• Existing members to conduct normal business related to plan• Former members for disenrollment survey
• Only after disenrollment effective date• May not include sales or marketing information
• LIS-eligible members being reassigned• Limited circumstances subject to advance approval
• Members by the agent/broker who enrolled them in the plan• Beneficiaries who have given express permission
• Applies only to entity from whom beneficiary requested contact for duration of that transaction, or as indicated by the beneficiary
California Health Advocates
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Beware of “Cross-Selling”
42 CFR 422.2268(f) and 423.2268(f)-CMS 4131
• Providers cannot use the MA plan sales as an entry to sell you other non-health related products– Examples: annuities, life insurance
• If the beneficiary requests this information then it maybe provided
• Products to be discussed must be agreed upon completing a scope of appointment form.– Examples: Medigap, MA or PDP
California Health Advocates
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Where can plans market?• No Plan Marketing Activities in
Healthcare settings– No sales activities or
distribution/acceptance of enrollment forms– Examples: waiting rooms, exam rooms,
hospital patient rooms, dialysis centers, pharmacy counter areas.
• Marketing is allowed– In common areas such as: hospital or
nursing facility cafeterias, community or recreational rooms, conference rooms
California Health Advocates
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Can plans market at Educational Events?
• No plan marketing activities at educational events– Event advertising materials must include
disclaimer– No sales activities, or distribution/acceptance of
enrollment forms and/or business reply cards• Examples: health information fairs, conference
expositions, state or community sponsored events
• Plans may distribute– Medicare and/or health educational materials– Agent/Broker business cards upon beneficiary
request but cannot contain marketing information
California Health Advocates
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Co-Branding42 CFR 422.2268 (n) and 423.2268(n)- CMS 4138-IFC
• Co-branding means that plans are not permitted to put names and logos of network partners on materials such as ID cards.– Example-No Pharmacy brand on ID card– If on other marketing materials there must be a
disclaimer stating that other pharmacies are available
• Exceptions– Plans that have a network exclusive to that
provider
California Health Advocates
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NO FREE LUNCHES/MEALS
• Prospective enrollees may not– Be provided meals or have
meals subsidized
• Applies at any event or meeting where– Plan benefits are being discussed or
materials are being distributed– Agents/Brokers may provide
Beverages or light snacks such as fruit, raw vegetables, pastries, cookies, crackers, muffins, cheese chips, etc.
California Health Advocates
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Know with whom you are dealing
• If MA and PDP plans use agents/brokers they must by state-licensed
• If a plan terminates an agent/broker they must report this to the state in which they are appointed and the reason for termination
• Agent/Broker Compensation has been greatly modified to eliminate inappropriate moves
California Health Advocates
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Protect yourself and Medicare
• Treat your Medicare Card like any other Credit Card, protect your identity and privacy.
• If it sounds too good to be true, it probably is, ask questions, get assistance before you make a decision.
• Beware of “Free services” Nothing is Free in Medicare, someone pays!
California Health Advocates
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Resources• Consumers should take their time and
not make hasty decisions.• HICAP 1-800-434-0222
- www.cahealthadvocates.org • TIPS line 1-800-447-8477• Social Security Administration
1-800-772-1213• 1-800-MEDICARE (1-800-633-4227)
- www.medicare.gov
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