Compliant But Compelling

How to Market Medicare Plans Without Crossing the Line

Summary: Medicare marketing rules are strict—but that doesn’t mean you can’t stand out. This article breaks down how to run ethical, CMS-compliant campaigns that still attract attention and generate trust.

Marketing Medicare plans can feel like threading a needle with oven mitts. On one side, you’ve got a vast market of eligible seniors actively seeking coverage options. On the other, you’re hemmed in by tight compliance requirements set by the Centers for Medicare & Medicaid Services (CMS).

But here’s the good news: staying compliant doesn’t mean your marketing has to be bland, generic, or invisible. In fact, many top-performing agents and agencies run ethical, CMS-compliant marketing campaigns that drive attention, trust, and conversions—without getting flagged.

First, Understand the Rules Before You Even Pick a Font

If you're marketing Medicare Advantage, Medicare Part D, or Medigap plans, you're legally required to follow CMS’s Medicare Communications and Marketing Guidelines (MCMG). Violating these can cost you contracts, commissions—or worse.

Some key marketing no-no’s include:

• Using the word “free” when referring to premiums or benefits

• Implying that your plan is recommended by Medicare

• Discussing plan specifics without the required disclaimers

• Cold-calling leads without permission

• Failing to record sales calls (as required under the 2023 rule changes)

As Jason Rubin, compliance officer at a major Medicare brokerage firm, explains:“CMS doesn’t want seniors misled. The moment your messaging even hints at being deceptive, you’re out of bounds—no matter how good your intentions were.”

In 2023, CMS reported a 53% year-over-year increase in complaints tied to misleading Medicare marketing practices. Many of those complaints originated from third-party marketing organizations (TPMOs) who failed to follow proper disclosure and enrollment protocols.

So How Do You Make It Compelling—And Still Compliant?

Be Transparent—And Make It Work for You

Instead of hiding disclaimers in small print, make them part of your branding. A well-designed website or ad can still grab attention with transparency built in.

Here’s a strong example from MedicareFAQ, a national broker who inserts required disclaimers clearly in every ad—without losing flow or trust.

Focus on Education, Not Just Sales

Educational content builds authority, reduces churn, and complies with CMS guidance. Host compliant webinars, write blog posts, or offer explainer videos on topics like:

• “What’s the difference between Medicare Advantage and Medigap?”

• “When is the Medicare Annual Enrollment Period (AEP)?”

• “How to switch plans without penalties”

Work With Pre-Qualified Leads

Cold-calling without permission is a CMS red flag. Instead, use platforms like Salesfully’s insurance leads database to target pre-screened individuals who have opted in.

Make the Most of CMS-Approved Materials

CMS provides marketing materials that are pre-approved and customizable. They’re boring out of the box, sure—but with creative design and thoughtful placement, they can become part of a larger narrative. You can find those tools here.

Here’s a quick chart comparing what’s allowed vs. prohibited in Medicare marketing:

Category	Allowed	Prohibited
Advertising Media	Mail, TV, Radio, Digital	Robocalls, Unsolicited Door Knocking
Language	“$0 premium” with disclaimers	“Free plan” or “Best plan available”
Lead Generation	Opt-in forms, compliant web funnels	Buying cold call lists
Branding	Broker logo and contact info	Implying CMS or Medicare endorsement
Sales Presentations	Scheduled with consent + recorded	Cold walk-ins or undocumented presentations

Document Everything

Keep records of every outreach attempt, permission form, and recorded call. If CMS audits you, being able to demonstrate a clear compliance process will save your business.

Compliance isn’t a ceiling on your creativity—it’s a foundation. Build your message on trust, ethics, and transparency, and you’ll not only avoid CMS scrutiny—you’ll win your audience over.