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CMS Monitoring Activities and Best Practices during the AEP
Read the Memo
CMS is focused on Sponsor and Third Party Marketing Organization marketing activities during the 2023 AEP, which began October 15, 2022 and ends December 7, 2022.
In the memo, CMS detailed oversight of Sponsors for AEP. In addition, CMS is also taking the following immediate actions during the 2023 AEP, and into Contract Year 2023, including:
- Enhancing CMS review of select marketing materials submitted under File & Use criteria. During AEP, CMS may exercise its authority to prohibit the distribution of File & Use materials prior to the expiration of the five-day plan waiting period. CMS may, at any time, determine an accepted material is not in compliance with our rules and require modification and resubmission.
- Reviewing selected marketing materials previously submitted under File & Use criteria.
- Reviewing all marketing complaints received during the AEP, and targeting our oversight and review on MA organizations and Part D sponsors with higher or increasing rates of complaints during the AEP.
- Reviewing recordings of agent and broker calls with potential enrollees.
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Secretly shopping marketing events by reviewing television, print, and internet marketing and calling related phone numbers and/or requesting information via online tools.
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