Use of the Medicare Name

This time of year we get a lot of questions regarding advertising and the use of the term “Medicare”. Below are the regulations on its use:

Medicare Marketing Guidelines

30.11 Use of the Medicare Name

Section 1140 of the Social Security Act

CMS reminds all plan sponsors that under section 1140 of the Social Security Act, 42 U.S.C. 1320b–10, it is forbidden for any person to use words or symbols, including “Medicare”, “Centers for Medicare and Medicaid Services”, “Department of Health and Human Services”, “Health and Human Services”, in a manner that would convey the false impression that the business or product is approved, endorsed, or authorized by Medicare or any other government agency. This rule extends to downstream contractors who may be directly or indirectly involved in marketing Medicare plans. Plan sponsors should assure that their subcontractors are not using the Medicare name in a misleading manner.