Helaine Fingold Quoted in “New Marketing Guidelines Contain More Tweaks than Major Changes”

Medicare Advantage News

Helaine I. Fingold, a Senior Counsel in the Health Care and Life Sciences practice, in the firm’s Baltimore office, was quoted in Medicare Advantage News, in “New Marketing Guidelines Contain More Tweaks than Major Changes.”

Following is an excerpt:

In addition, CMS made some clarifications around plans’ characterization of star ratings, including incorporating a written or graphical reference making it clear that the rating is “__out of five (5) stars.” And sponsors with multiple contracts that do not have the same overall rating across all contracts may not produce or distribute materials “in a way that implies that all of their contracts achieved the same rating,” added CMS. “This would likely prohibit a plan from promoting itself as a ‘5-star plan’ in marketing materials for plan contracts that achieved less than 5 stars, even if the plan does have one or more contracts that achieved a five star rating,” observes Fingold. Moreover, plans “must be clear regarding the rating for each contract identified in the material.”