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An Advocates Perspective on the Marketing Guidelines David Lipschutz Center for Medicare Advocacy Associate Director/Senior Policy Attorney dlipschutz@medicareadvocacy.org Center for Medicare Advocacy . The Center for Medicare Advocacy is


  1. An Advocate’s Perspective on the Marketing Guidelines David Lipschutz Center for Medicare Advocacy Associate Director/Senior Policy Attorney dlipschutz@medicareadvocacy.org

  2. Center for Medicare Advocacy . The Center for Medicare Advocacy is a national non-profit law organization, founded in 1986, that works to advance access to comprehensive Medicare and quality health care For further information, or to receive the Center’s free weekly electronic newsletter, CMA Alert, update emails and webinar announcements, contact: Communications@MedicareAdvocacy.org Or visit MedicareAdvocacy.org

  3. Annual Coordinated Election Period -2019 . • 2020 Policy Changes • Medicare Advantage Special Supplemental Benefits for the Chronically Ill (SSBCI) • Medigap changes for individuals eligible for Medicare on 1/1/20 or later • Will no longer be able to purchase plans that cover the Part B deductible (Plans C and F) • Significant increase in the Part D annual out-of-pocket threshold

  4. Revised Medicare Plan Finder . • Updated Medicare Plan Finder (introduced 8/27/19) • No back-up starting Oct 1. • Must create MyMedicare account in order to save data (e.g. rx lists) • These accounts include claims history • Continued MA Steering? • Since 2017 – CMS outreach, education materials revised, resulting in, among other things, omitting or limiting reference to traditional Medicare, and encouraging MA enrollment (over trad. Medicare) • 2020 Medicare & You changes – overall more balanced • Targeted email campaign?

  5. Marketing Misconduct . • After roll-out of Part D and significant changes to Medicare Advantage effective in 2006, marketing misconduct proliferated • Congress responded – Medicare Improvements for Patients and Providers Act (MIPPA) of 2008 (Pub. Law 110-275) • Consumer protections, including prohibition on unsolicited contacts, greater federal-state coordination, and distinction between educational and marketing events

  6. Revisions to Marketing Guidelines . • Flawed process for revisions • Weakens distinction between “educational” and “marketing” events • Agent/broker permission to contact can now be open-ended; marketing appointments generated from educational events need no longer be distinct in place and time • Fails to address guidelines re: marketing new MA SSBCI • Fails to address D- SNP “look - alikes” – even though draft revisions did address • Removes important disclaimers (including availability of non-English translations)

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