A coworker claims that because you are not employed by the Medicare Advantage plans you represent, you are not subject to the same marketing requirements. How should you respond?

• A. Your coworker is correct; marketing on behalf of a plan is not marketing by the plan.
• B. Your coworker is not correct. Marketing on behalf of a plan is considered marketing by the plan and requires compliance with all Medicare marketing rules.
• C. State licensure laws are the only rules that apply.
• D. Plans can waive marketing rules for independent contractors.

Answer: (B)

Marketing for Medicare plans treats anyone promoting a plan as the plan’s representative, so the marketing rules apply no matter whether you’re employed by the plan or working as an independent contractor. When you market on behalf of a plan, you’re acting as the plan’s agent, and CMS requires you to follow all Medicare marketing rules—truthful information, clear disclosures about coverage and costs, no misrepresentation, appropriate oversight of materials, and adherence to plan-specific guidelines. Because the plan bears responsibility for the marketing done in its name, independent contractors and brokers must comply with the same standards. This ensures beneficiaries receive accurate, non-coercive information and protects the integrity of the market.

State licensure laws regulate licensing, not the full scope of Medicare marketing conduct, and plans cannot waive Medicare marketing requirements for independent contractors.