Navigating the world of advertising and marketing for ACA Marketplace plans can be both exciting and complex. As an agent, broker, or web-broker, you are tasked with connecting individuals and families with the health insurance they need, all while adhering to strict compliance guidelines. Staying within the bounds of these rules is critical—not only for maintaining your professional reputation but also for avoiding penalties or loss of certification.

👉 Agent, Broker, and Web-broker Guidelines
for Compliant Marketplace Advertising
and Marketing

👉 CMS Marketplace Advertising and Marketing Guidelines Tip Sheet

In this blog, we’ll break down key advertising and marketing rules for the Marketplace and provide actionable tips to ensure you remain compliant while effectively growing your business.

Why Compliance Matters

Compliance with Marketplace advertising rules ensures:

• Consumer Protection: Accurate and transparent information helps clients make informed decisions.
• Fair Competition: Compliance creates a level playing field for agents and brokers.
• Professional Integrity: Operating within guidelines builds trust with clients and regulators.

Key Marketplace Advertising and Marketing Rules

Here are the most critical guidelines agents, brokers, and web-brokers must follow:

1. Provide Accurate Information

Your advertising materials must present truthful, clear, and non-misleading information about Marketplace plans, pricing, and coverage.

• Do: Clearly state premium costs, deductibles, and coverage benefits.
• Don’t: Use vague or exaggerated claims, such as “free coverage for everyone” unless the context is explained.

2. Use Official Terminology Correctly

Ensure you’re using Marketplace-related terminology properly. For example:

• Avoid using the term “Obamacare” unless clarifying it refers to the ACA.
• Use “Qualified Health Plan (QHP)” for Marketplace-approved plans.

3. Avoid Deceptive Practices

Steering clients toward plans that may not fit their needs or failing to disclose plan limitations is strictly prohibited.

• Do: Compare plans based on client needs and eligibility.
• Don’t: Push clients toward higher commission plans if they’re not suitable.

4. Include Necessary Disclosures

All marketing materials must include key disclaimers and disclosures to ensure transparency.

• Example: “This website is operated by [Your Agency Name] and is not the Health Insurance Marketplace website. In offering this website, we are required to comply with all applicable federal laws, including the standards established under 45 CFR 155.220(c) and (d) and standards established under 45 CFR 155.260 to protect the privacy and security of personally identifiable information.”

5. Follow Special Enrollment Period (SEP) Guidelines

Advertising related to SEPs must specify that consumers must meet certain qualifying life events to enroll outside Open Enrollment Periods.

• Do: Clearly state eligibility requirements for SEPs.
• Don’t: Imply open enrollment is available year-round.

6. Respect Privacy Rules

Protect client information by adhering to Marketplace privacy and security standards.

• Never sell or share client data without express consent.
• Ensure that all data collection tools, such as web forms, are encrypted and secure.

 Tips for Creating Compliant Marketing Campaigns

1. Leverage Pre-Approved Materials

Use marketing templates and materials provided by trusted partners like PSM Brokerage or directly by CMS. These are designed with compliance in mind, saving you time and effort.

2. Invest in Quality Training

Stay updated on marketing rules through training programs and resources. Many FMOs, like PSM Brokerage, offer workshops and webinars to keep you informed.

3. Review Marketing Materials Regularly

Before publishing any advertisement, have it reviewed by a compliance expert or legal professional to ensure it meets all guidelines.

4. Monitor Digital Advertising Closely

Digital platforms like Google Ads and Meta (formerly Facebook) have additional restrictions for ads related to health insurance. Familiarize yourself with their specific requirements for special ad categories.

5. Document Everything

Maintain records of all advertising campaigns, including approvals, ad copies, and changes, for at least 10 years, as required by CMS.

 The Role of Web-Brokers

Web-brokers must meet additional compliance requirements, including:

• Accurate display of plan information, including subsidies and out-of-pocket costs.
• Adherence to Marketplace branding and logo use rules.
• Secure handling of Personally Identifiable Information (PII).

At PSM Brokerage, we are dedicated to helping agents, brokers, and web-brokers succeed in the ACA Marketplace while staying compliant. Here’s how we can support you:

• Marketing Resources: Access pre-approved materials and templates to simplify your campaigns.
• Training Programs: Stay up to date with regular webinars, guides, and workshops.
• Technology Tools: Leverage tools like HealthSherpa to streamline enrollments and ensure compliance.
• Dedicated Support: Our team of experts is available to answer your compliance questions and provide guidance.

Navigating Marketplace advertising and marketing regulations might feel overwhelming, but with the right tools and strategies, you can confidently grow your business while staying compliant. By prioritizing transparency, accuracy, and ethical practices, you not only build trust with your clients but also ensure long-term success in the competitive insurance landscape.

Ready to take your Marketplace marketing to the next level? Partner with PSM Brokerage today and gain access to the resources, training, and support you need to thrive!

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