Helping Talented Agents Close More Sales


Senior Markets

On October 8, 2021, CMS issued a memorandum with reminder guidance regarding Third Party Marketing and HPMS filing requirements. See the Third Party Marketing CMS Memo from October 8, 2021 below. In this reminder, CMS clearly calls out guidelines, outlined below, that have an impact on our industry’s interpretation of existing guidance.

Third Party Marketing Memo

CMS considers the following communications to be marketing, thereby requiring HPMS filing prior to use:

Marketing is defined as material/advertisements (direct mail, TV ads, etc.)intended to draw a beneficiary's attention to an MA plan or plans or to influence a beneficiary’s decision-making process when making a plan selection or a decision to stay enrolled in a plan. This includes materials/advertisements with information about:

  • Plan benefits, benefits structure, premiums, or cost-sharing
  • Measuring or ranking standards, or
  • Reward and incentives

This means all marketing materials must be filed through HPMS that are used by sales partners, even if the marketing materials do not mention a specific plan name. This includes marketing materials that have been created or purchased from third party lead source vendors. However, if materials were previously submitted through the HPMS multi-plan submission process, they do not need to be resubmitted.

Immediate action required

Sales partners must submit any previously unsubmitted marketing materials to HPMS immediately so they can be used during this AEP based on the CMS acceptance and/or approval date. CVS Health is also requesting a list of materials being submitted to HPMS via the attached spreadsheet. Attachments
Third Party Marketing CMS Memo from October 8, 2021
Third Party Marketing Submission List to HPMS



What materials are impacted? 


All marketing material that intends to draw a beneficiary’s attention to an MA plan or plans; or that includes or addresses content regarding plan premium, cost sharing, or benefit information; even if the material does not mention a specific plan by name. Example 1: Mailers or leads from third party vendors used to generate sales.
Example 2:  TV commercials, mailers or websites, created or produced by sales partners, either in-house or using a marketing firm.
Example 3: TV commercials or websites created by third party vendors to produce leads.


Does this impact materials in use now?


Yes, it impacts all materials that meet the marketing material definitions as outlined in 42 CFR 422.2260, which are in use now or intended for use in 2022 AEP.  If materials were previously submitted through the HPMS multi-plan submission process, they do not need to be resubmitted. 


Are all partners impacted?


Yes, all distribution partners that create or use marketing materials are required to submit materials through the HPMS multi-plan submission process.


Should we follow the original CVS Health Care submission guidelines for multi-plan material?


No, please proceed with submitting these materials to CMS through HPMS without an original submission to CVS Health. CVS Health will review and approve using the multi-plan opt in/out process.


How do I submit materials to CVS Health Care?


CVS Health is asking all partners to proceed with submission to HPMS; and also to identify their universe of materials and use the attached spreadsheet, Third Party Marketing Submission List to HPMS, to report submissions to CVS Health. This will allow CVS Health to be more efficient in identifying your materials for review. Submit the spreadsheet to [email protected] email.

If you have questions, call us today at 866-568-9649!