Limitations
The Secretary shall establish limitations with respect to at least the following:
(A) Scope of marketing appointments
(A)Scope of marketing appointments#
The scope of any appointment with respect to the marketing of a Medicare Advantage plan. Such limitation shall require advance agreement with a prospective enrollee on the scope of the marketing appointment and documentation of such agreement by the Medicare Advantage organization. In the case where the marketing appointment is in person, such documentation shall be in writing.
(B)Co-branding#
The use of the name or logo of a co-branded network provider on Medicare Advantage plan membership and marketing materials.
(C)Limitation of gifts to nominal dollar value#
The offering of gifts and other promotional items other than those that are of nominal value (as determined by the Secretary) to prospective enrollees at promotional activities.
(D)Compensation#
The use of compensation other than as provided under guidelines established by the Secretary. Such guidelines shall ensure that the use of compensation creates incentives for agents and brokers to enroll individuals in the Medicare Advantage plan that is intended to best meet their health care needs.
(E)Required training, annual retraining, and testing of agents, brokers, and other third parties#
The use by a Medicare Advantage organization of any individual as an agent, broker, or other third party representing the organization that has not completed an initial training and testing program and does not complete an annual retraining and testing program.