Navigating Medicare marketing rules can be one of the more frustrating aspects of being an insurance agent, especially during the Medicare Annual Enrollment Period.
What you say, how you say it, and where you say it all matter. One wrong phrase or missing disclaimer can put you at risk of non-compliance.
This guide helps clarify what’s allowed, what’s not, and how to stay compliant while still reaching Medicare beneficiaries effectively.
Why Compliance Rules Are a Big Deal for Medicare Agents
Medicare compliance rules are enforced by CMS and apply to all communications and marketing efforts related to Medicare Advantage and prescription drug plans. These guidelines are in place to protect Medicare beneficiaries and ensure accurate, fair representation of Medicare plans.
For agents, staying compliant isn’t optional—it’s critical to avoid penalties, maintain contracts, and keep your reputation intact.
During the annual enrollment period, the spotlight on Medicare sales gets even brighter. Secret shoppers, audits, and complaint tracking all ramp up, which means your Medicare marketing strategy needs to be airtight.
What You Can Say in Medicare Marketing Communications
Agents must stick to the script—literally. CMS-approved language is a must in all Medicare marketing materials.
You can talk about plan options, monthly premiums, enrollment periods, and educational content, but you need to avoid making it sound like a sales pitch. Medicare marketing communications should focus on facts, not opinions.
Promoting Medicare marketing events is allowed, but you can’t require RSVPs or imply that attendance is required to enroll. If you’re hosting an event, make sure you’re following CMS event guidelines, including clear labeling of whether it’s educational or a sales event.
We cover this topic more in Can I Request an RSVP For My Medicare Marketing Event?
Another area where agents must be cautious is social media. Medicare compliance extends to Facebook, LinkedIn, and other platforms.
You can’t use superlatives like “best” or make blanket statements about savings unless you can prove them. If you’re unsure what counts as compliant, check out our breakdown in Facebook Marketing 101.
What You Can’t Say—and Why It Matters
There’s a long list of Medicare marketing don’ts. You can’t say a plan is “free” unless it truly has a $0 premium and $0 cost-sharing. You can’t use absolute terms like "will" or "guaranteed" unless those outcomes are contractually assured.
Even seemingly harmless words like "endorsed by Medicare" are off-limits unless you’re referencing a CMS-approved plan.
Marketing materials must be submitted to CMS or the appropriate carrier when required, and all content must be accessible, accurate, and up to date.
You also cannot require contact information as a condition for providing Medicare plan details—doing so violates CMS regulations.
Reviews and testimonials come with their own set of compliance concerns. Agents and brokers must avoid using beneficiary feedback in ways that could be misleading.
Our post on handling reviews and reputation dives deeper into what’s allowed and how to handle negative reviews properly.
Following Medicare Compliance Best Practices
A compliant Medicare marketing strategy doesn’t just follow rules—it builds trust.
One of the best ways to stay compliant is to use CMS-approved templates and materials. If you're creating your own Medicare marketing website or email campaigns, make sure you’re adhering to disclaimers and consent-to-contact requirements.
Read our tips in Medicare Marketing Guidelines for Compliant Email Sales and What Should a Medicare Agent Website Include?.
Also, be aware of timing rules. You cannot initiate contact outside approved enrollment periods without a proper scope of appointment form.
Marketing events must also be scheduled correctly, with clear separation between educational and sales content.
Tools That Keep You Compliant
We understand the complexity of CMS guidelines. That’s why our platform includes CMS-ready content, pre-approved blog articles, and compliant marketing materials built for Medicare agents.
The Medicare Marketing Website is designed to ensure your online presence meets CMS requirements, and our Content Marketing & Social Media tools keep you active without risking compliance.
Need to generate leads? Our Lead Generation & Sales Funnel solutions are aligned with Medicare compliance standards so you can grow without worry.
If you're ready to simplify your strategy and schedule a demo, we’d love to show you how it works.
Stay Compliant and Confident This AEP
Whether you're new to Medicare marketing or a seasoned agent looking to tighten up your process before the next enrollment period, understanding what you can and cannot say is essential.
We built this platform so agents can focus on what they do best—helping Medicare beneficiaries understand their options.
Explore our features, learn from our Medicare Marketing Tips, or contact us for direct support.
We look forward to helping you along your path to success!
