What to Avoid Saying During Medicare Educational and Sales Events

Planning to host a Medicare educational or sales event? It’s essential to be aware of the specific guidelines around what can and cannot be said at these gatherings.

Just as the Centers for Medicare & Medicaid Services (CMS) imposes strict rules for Medicare sales appointments, similar regulations apply to Medicare educational and sales events.

Important Reminder: In addition to the restricted phrases mentioned here, you must also avoid the prohibited statements discussed in our post, What to Avoid Saying During Medicare Educational and Sales Events. While this article provides a helpful overview, it is not exhaustive. For complete details on permissible language at Medicare events, refer to the full Medicare Advantage & Part D Communication Requirements from CMS.

Phrases to Avoid During Medicare Educational Events

When hosting a Medicare educational event, it’s important to steer clear of certain phrases. Below are examples of what you should not say:

“You can sign in on the sheet up front.” At educational events, you are not allowed to use or display a sign-in sheet. Collecting contact information from attendees is prohibited.

“Here’s a paper with the premiums and copays for these plans.” The purpose of educational events is purely informational. You cannot guide attendees toward any specific plan or provide details like premiums, copays, or other plan-specific information. Distributing carrier-specific materials or marketing content is not allowed.

“Let’s schedule an appointment.” You are not permitted to schedule follow-up appointments during an educational event. However, you may hand out business cards or generic reply cards so attendees can contact you if they choose.

“Please complete this Scope of Appointment form.” Scopes of Appointment cannot be distributed or collected at educational events.

“Who needs an application?” You are not allowed to provide Medicare applications or other marketing materials at educational events.

“I hope you can join my sales presentation immediately after this event!” Sales events must be held at least 12 hours after an educational event and cannot take place in the same or nearby building within that time frame.

Phrases to Avoid During Medicare Sales Events

When conducting a Medicare sales event, there are specific phrases you should not use. Below are examples of what you need to avoid:

“This event is strictly educational.” If the event has not been registered and promoted as an educational event, you cannot claim it is. Misleading attendees or prospective attendees is prohibited.

“Everyone must sign in on the sheet up front.” While a sign-in sheet is allowed at sales events, it must be optional. Attendees cannot be required to sign in; participation is voluntary.

“Meals and drinks are on me tonight!” You are not allowed to provide or pay for meals or a combination of food and beverages that could be considered a meal at sales events.

“Let’s do a health assessment at the table up front.” Conducting health screenings or assessments at sales events is prohibited by CMS, as it could be seen as “cherry picking” certain individuals.

“I want to tell you about a great life insurance policy.” Cross-selling non-health-related products, such as life insurance, is not permitted during Medicare sales events.

“This plan is the best!” Avoid using superlatives like “best” when describing plans unless you have factual data to support your claim. Stick to objective, verifiable information.

“Please fill out a Scope of Appointment form.” You can distribute and collect Scopes of Appointment at sales events, but attendees must voluntarily decide whether to complete them. It cannot be mandatory. Also, ensure compliance with rules, such as completing the form 48 hours prior to any appointment.

“You must complete an enrollment form.” You cannot pressure attendees to fill out enrollment forms. The decision to enroll must be made by the attendee alone, without coercion. Your role is to guide, not force, their choices.

Phrases to Avoid at Both Educational and Sales Events

Here’s an example of a phrase that should never be used during either educational or sales events:

“I’ll give a $25 gift card to whoever answers this question correctly.” While incentives like gift cards may attract attention, they do not contribute to helping attendees make informed Medicare coverage decisions. CMS regulations strictly prohibit offering cash, gift cards, or any other form of monetary compensation during both educational and sales events.

Important Reminder About Virtual Events

With CMS now classifying all insurance agents as Third-Party Marketing Organizations (TPMOs), it’s crucial to follow the updated rules for virtual educational and sales events.

If you’re hosting a Medicare event through platforms like Zoom, Microsoft Teams, or any other online video chat service, make sure to record the session and include one of the following TPMO disclaimers:

  • If you are marketing fewer than all plans in a service area, use this disclaimer: “We do not offer every plan available in your area. Currently, we represent [ insert number of organizations ] organizations that offer [insert number of plans] products in your area. For more information on all available plans, please visit Medicare.gov, call 1-800-MEDICARE, or contact your local State Health Insurance Program (SHIP).”
  • If you are marketing all available plans in a service area, use this disclaimer: “Currently, we represent [insert number of organizations] organizations that offer [insert number of plans] products in your area. For assistance with plan options, you can always visit Medicare.gov, call 1-800-MEDICARE, or contact your local State Health Insurance Program (SHIP).”

Though this information typically isn’t part of a “what not to say” guide, failing to include these disclaimers could result in serious consequences. Our goal is to help you stay compliant!

Final Thoughts

Some of these examples might have seemed a bit exaggerated or like something you’d never say—and if that’s the case, great! It shows you have a solid understanding of what’s appropriate to say during Medicare educational and sales events. If not, don’t worry—that’s exactly why these guidelines exist.

We hope this post not only clarifies the rules but also boosts your confidence in hosting these events. Both educational and sales events are essential components of your Medicare sales strategy. By following these guidelines, along with the other rules found in the Medicare Advantage (MA) & Part D Communication Requirements, you’ll be well-prepared for success.

For further details on how to stay compliant, be sure to check out our posts on Guidelines for Hosting a Compliant Medicare Educational Event and Guidelines for Hosting a Compliant Medicare Sales Event, as well as the latest MA & Part D Communication Requirements.

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