A Quick reminder on Obamacare Rules & Regulations:
Agents, as we barrel toward the start of a new Affordable Care Act enrollment period, it would be a good idea to review market requirements that surround advertising our services.
Marketing brings in new clients and helps us keep our existing ones. We encourage marketing efforts during Open Enrollment and want everyone to make sure they follow ACA guidelines.
The Centers for Medicare and Medicaid Services (CMS) releases ACA guidelines that govern how we can market. A summary of those ACA marketing guidelines is found on the Pandora Insurance website.
Here are some of the main points in those ACA marketing guidelines, some of the things we should watch out for when creating our advertising messages:
Be Careful When Promoting Free Health Plans
Many people do qualify for plans that feature no payment or low-cost monthly payments through the ACA Marketplace. The CMS does not want us to insinuate that free ACA plans are guaranteed or certain. There is a qualification process consumers go through to get these plans.
To follow the marketing guidelines, make sure you use language like the consumer “may qualify” for these low-cost plans.
Be Precise when Explaining Plans
To comply with the ACA marketing standards, simply state the value and features of a plan. The CMS does not want to see any exaggeration or distortion of plan benefits. This summer a lawsuit was announced related to ACA advertising and fraud, and these ACA marketing rules are enforced.
Here is guidance straight from the CMS: “You should ensure that you are not using any advertising and marketing efforts that could mislead or confuse consumers. Agents and brokers may not provide consumers with inaccurate information or omit relevant information about qualified health plans (QHPs), federal premium tax credits, or cost sharing subsidies.”
Represent Your Employment Accurately
ACA rules state you cannot say that you work for the CMS, the Marketplace, or healthcare.gov. Consumers need to know you are a licensed and registered ACA Marketplace broker. Your advertising messages should reflect that you are a broker or agent that guides people to ACA plans that are suited for their needs.
For More Information
The CMS is very good about getting information to agents about its advertising and marketing guidelines. The CMS encourages agents to advertise and even offers tips to make advertising more successful.
To see the CMS’ full document related to ACA advertising and marketing, click here.
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