To prevent overreaching, states set various limitations on marketing. Cold calling and door-to-door selling often are prohibited. Some states limit or prohibit promotional gifts; more generally, MCOs often are prohibited from engaging in activities that could mislead consumers. Such standards can also apply to service providers, in order to limit a providers’s ability to steer consumers to a particular MCO.
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Procedures for Community Outreach and Marketing
- MCO may not pay commission compensation to community outreach representatives for new members: Florida
- MCO may base compensation of marketing representatives on periodic performance evaluations which consider enrollment productivity as one of several performance factors: New York
- MCO may market directly to members or potential members only with marketing plan and marketing materials approved by state: Wisconsin
- MCO must prepare marketing plan and submit plan for approval to state: New York
- State is responsible for all marketing to members during enrollment process: Kansas
- Community outreach representative must refer all MCO inquiries to member services section or enrollment broker: Florida
- MCO must advise potential members that they should verify with preferred medical providers whether provider is included in MCO network: New York
- MCO marketing activities must occur in its entire service area in the county, and materials must be equitably available to all consumers eligible for enrollment: Wisconsin
- Marketing materials must be submitted to all members, unless otherwise approved by state: Kansas
- Representatives must inform consumers that representative is not state employee or enrollment specialist, if asked: Florida
- MCO must develop and implement written plan designed to control actions of its community outreach representatives: Florida
- MCO is responsible for actions of representatives: Florida , New York
- MCO must provide initial and periodic training to representatives about outreach and marketing provisions of contract: Florida
- MCO must register each community outreach representative: Florida
- MCO must conduct background check of community outreach representatives: Florida
- MCO must report any community outreach representative who violates contract to state: Florida
- Representatives must wear identification showing MCO they represent: Florida
- MCO may do direct marketing of product to eligible members and those who will become eligible within next 6 months: Minnesota
- MCO is prohibited from direct marketing for product except through mailings and publications: Minnesota
- MCO must follow state’s Medicaid marketing rules and federal requirements under 42 CFR § 438.104: New York
- Marketing materials defined: New York
Limitations on Marketing
- MCO is prohibited from marketing for enrollment to any potential member: Florida
- MCO must not market to members of other health plans: New York
- Direct solicitation of consumers is prohibited: Kansas
- MCO must not communicate to any potential member to influence any enrollment or disenrollment decisions: Kansas
- MCO must not engage in activities that could mislead or confuse: Florida , Kansas , Minnesota , New Mexico , New York , Wisconsin
- MCO may not give away promotional items over $5 retail value: Florida
- MCO may not use gift or other incentives to entice people to join: New Mexico
- MCO must not offer any other insurance product as enticement to enroll: Kansas
- MCO may not assert or imply that consumers will lose Medicaid benefits if they do not enroll with MCO, or inaccurately depict the consequences of choosing different MCO: New Mexico
- MCO must not assert that it is endorsed by CMS, or federal or state government: Kansas
- MCO is prohibited from stating that the recipient must enroll in MCO in order to obtain benefits or in order not to lose benefits: Kansas
- MCO may not design marketing or outreach plan which discourages or encourages selection based on health status or risk: New Mexico
- MCO is prohibited from asserting or implying that MCO offers unique covered services when another MCO provides same or similar service: New Mexico
- MCO may not engage in door-to-door or “cold call” marketing: Kansas , New Mexico , New York , Wisconsin
- MCO must submit notice to state to participate in a health fair or public event: Florida
- MCO must submit additional disclosures to state if MCO is primary organizer of public event, or if MCO was invited by community organization: Florida
- MCO’s community outreach representatives may provide outreach materials at health fairs and public events so long as main purpose of event is for community outreach, not marketing: Florida
- MCO may engage in brand awareness activities at events that are not health fairs or public events: Florida
- MCO may leave community outreach materials at health fairs and public events: Florida
- MCO may send no more than 2 mailings per calendar year to members or potential members: Minnesota
- MCO may not distribute materials in emergency rooms, provider’s offices, or other service delivery sites: New York
- MCO is prohibited from using third-party-vendor mailing lists that specifically identify Medicaid recipients: New York
- Fla. Contract, Atch. II, p. 60. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 7. (back)
- Wis. Contract, pp. 25, 126. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 5. (back)
- Kan. RFP, p. 97. (back)
- Fla. Contract, Atch. II, p. 61. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 3. (back)
- Wis. Contract, p. 127. (back)
- Kan. RFP, p. 98. (back)
- Fla. Contract, Atch. II, p. 63. (back)
- Fla. Contract, Atch. II, p. 58. (back)
- Fla. Contract, Atch. II, p. 58. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 4. (back)
- Fla. Contract, Atch. II, p. 63. (back)
- Fla. Contract, Atch. II, p. 63. (back)
- Fla. Contract, Atch. II, p. 63. (back)
- Fla. Contract, Atch. II, p. 63. (back)
- Fla. Contract, Atch. II, p. 63. (back)
- Minn. Contract, p. 48. (back)
- Minn. Contract, p. 48. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 4. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 2. (back)
- Fla. Contract, Atch. II, p. 59. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, 7. (back)
- Kan. RFP, p. 97. (back)
- Kan. RFP, p. 98. (back)
- Fla. Contract, Atch. II, pp. 59-60. (back)
- Kan. RFP, p. 98. (back)
- Minn. Contract, p. 49. (back)
- N.M. Contract, p. 150. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 6. (back)
- Wis. Contract, p. 128. (back)
- Fla. Contract, Atch. II, p. 60. (back)
- N.M. Contract, p. 150. (back)
- Kan. RFP, p. 98. (back)
- N.M. Contract, p. 149. (back)
- Kan. RFP, p. 98. (back)
- Kan. RFP, p. 98. (back)
- N.M. Contract, p. 149. (back)
- N.M. Contract, p. 150. (back)
- Kan. RFP, p. 98. (back)
- N.M. Contract, p. 150. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 6. (back)
- Wis. Contract, p. 127. (back)
- Fla. Contract, Atch. II, p. 58. (back)
- Fla. Contract, Atch. II, pp. 61-62. (back)
- Fla. Contract, Atch. II, p. 58. (back)
- Fla. Contract, Atch. II, pp. 58-59. (back)
- Fla. Contract, Atch. II, p. 61. (back)
- Minn. Contract, p. 49. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 6. (back)
- N.Y. Medicaid Advantage Plus Contract, App. D, p. 6. (back)