Hosting Medicare events is one of the best ways to build your brand, generate leads, and serve your community. But in today’s regulatory environment, one slip-up can cost far more than just credibility. At Carolina Senior Marketing, we believe in doing things right, which means staying fully compliant with CMS rules while still delivering real value.
We’ll walk through the language traps and “danger phrases” you must avoid, for both educational events and sales (marketing) events. We’ll also highlight key CMS rules you need to keep front-of-mind. If you want a handy checklist, just ask! We’re happy to share one.
1. Two Types of Events — Know the Difference
First, you need to decide: is your event educational or sales/marketing? CMS treats them very differently.
- Educational events are intended to inform beneficiaries broadly about Medicare options (e.g., Original Medicare, Medicare Advantage, Part D, enrollment periods) without promoting or steering them toward any specific plan.
- Sales (marketing) events allow you to discuss plan-specific benefits, distribute marketing materials, and collect applications, but only under strict CMS and carrier rules.
If you blur the line, for example, by calling your event “educational” but slipping in plan names, CMS may deem your event noncompliant.
2. What Not to Say at an Educational Event
Your educational event is your opportunity to build trust. But you must stay in bounds. Here are phrases and practices to avoid:
- “Sign in on the sheet up front.” You cannot require a sign-in sheet at an educational event. Any contact collection must be voluntary and optional.
- “Here are the premiums, copays, or benefits for Plan A, Plan B…” You may not discuss plan-specific benefits, premiums, or cost-sharing at an educational event. That’s crossing into sales/marketing.
- “Let’s schedule your appointment now.” You can hand out business cards or business-reply cards, but you can’t schedule or push for appointments during the event.
- “Please fill out a Scope of Appointment now.” You cannot distribute or collect SOA forms at an educational event. They belong only to marketing or sales settings.
- “I hope you’ll stick around for my sales presentation afterward.” That sets an expectation of a sales event, which is not permitted in an educational context. CMS typically requires at least a 12-hour separation when both events occur at the same location.
- “Who wants an enrollment application?” You can’t provide or solicit enrollment applications at an educational event.
- “I’ll give someone a $25 gift card if they answer a question.” Monetary inducements (such as gift cards, cash, or rebates) are prohibited at both educational and sales events. Nominal gifts, valued at no more than $15 per item or $75 total per beneficiary per year, are permitted, provided they’re offered unconditionally and not tied to participation, engagement, or enrollment.
In short: if a statement moves you toward steering, selling, or favoring a plan, don’t say it.
3. What Not to Say at a Sales (Marketing) Event
Once you move to a sales event, where plan-specific discussion is allowed, the rules shift. But many traps still apply. Avoid these:
- “This event is strictly educational.” If your event is filed and approved as marketing, calling it “educational” is misleading and noncompliant.
- “Everybody must sign in up front.” In a sales event, a sign-in sheet can be offered, but it must be optional, not mandatory.
- “Meals and drinks are on me tonight!” You cannot provide or subsidize meals (or a food and beverage combo that qualifies as a “meal”) at a sales event. Light refreshments may be allowed if they’re truly nominal in value. Gifts should generally be no more than $15 per item or $75 total per beneficiary per year, and must be in-kind, not cash.
- “Let’s do a health screening at this table up front.” Health assessments may be viewed as “cherry-picking” or creating bias, and are disallowed.
- “Now, here’s a great life insurance plan you should take, too.” Cross-selling non-health products (annuities, life insurance, etc.) at Medicare sales events is prohibited.
- “This plan is absolutely the best!” Avoid superlatives (best, cheapest, perfect) unless you have verifiable data and disclosures to back them up. Even then, be cautious.
- “You must complete an enrollment form now.” You can make forms available, but you cannot require or pressure attendees to complete them. Enrollment must remain voluntary.
- “Please fill out a Scope of Appointment.” In a sales event, SOA forms may be collected if the attendee consents and it’s for a future appointment, not during the event itself.
4. Key CMS Rules You Can’t Ignore
While the above lists focus on language, compliance is broader than what you say. Here are critical rules to keep in mind:
- All marketing and promotional materials must be approved by CMS (or filed via HPMS) before use.
- TPMO disclosure/disclaimer is mandatory. As a Third-Party Marketing Organization, you must include a disclaimer such as:
“We do not offer every plan available in your area. Currently, we represent [X] organizations that offer [Y] products in your area. Please contact Medicare.gov, 1-800-MEDICARE, or your State Health Insurance Program (SHIP) to explore all your options.”
(Insert numbers as applicable.) - Language assistance / auxiliary aids requirement. When you distribute required materials, include a Notice of Availability for language assistance in the relevant languages for your region.
- Nominal gifts only. Any giveaways must meet the CMS “nominal value” threshold and cannot be tied to enrollment or influence decision-making. Gifts should generally be no more than $15 per item or $75 total per beneficiary per year, for in-kind items only (not cash).
- No door-to-door or unsolicited telemarketing. CMS prohibits door-to-door solicitation and certain telephone contacts unless permitted under specific rules.
- Timing between educational and sales events. If you want to run both at the same location, you must maintain time separation (typically at least 12 hours) to prevent confusion.
- Record-keeping and oversight. You must keep detailed records of events, marketing materials, scripts, enrollments, and complaints. CMS or carriers may audit you.
For full regulatory details, see the CMS Marketing Compliance Guidelines (42 CFR Part 422 Subpart V).
5. A Few “Safe Phrases” You Can Use (and Why They Work)
To balance the “don’t say” list, here are examples of compliant statements you can make—just be sure your context is correct:
- “This session is designed to help you understand Medicare basics and your enrollment options.”
- “No specific plan names, benefits, or costs will be discussed in this session.”
- “If you’d like to talk about a plan later, feel free to reach out — here’s my card or business-reply card.”
- “People often ask: What is Medicare Advantage vs. Original Medicare? Let’s walk that through.”
- “For those who need accommodations (e.g., hearing, visual, language translation), please call [phone/TTY].”
- (At a marketing event) “One of the plans we’ll review today is Plan X. Please feel free to ask questions about cost, benefits, or network.”
These statements stay within bounds while still educating and opening the door for deeper conversations outside the event.
Navigating CMS compliance can feel overwhelming, especially with so many rules governing what you can and can’t say during Medicare educational and sales events. That’s where partnering with a trusted Field Marketing Organization (FMO) like Carolina Senior Marketing makes all the difference. Our team provides agents with comprehensive compliance training, real-world event guidance, and marketing resources designed to keep your presentations both impactful and fully compliant. From understanding nominal gift rules to crafting the right event language, we help ensure you’re positioned to build trust with beneficiaries while staying within CMS guidelines.
By aligning yourself with Carolina Senior Marketing, you gain the support, expertise, and tools needed to host events confidently, avoid costly compliance pitfalls, and stand out as a trusted professional in the Medicare space.
Disclaimer: This blog is for informational use only and does not constitute comprehensive legal or compliance advice. Always review final content and scripts with your compliance team or legal counsel, and cross-check against the latest version of 42 CFR Part 422 Subpart V and the CMS Medicare Communications & Marketing Guidelines.
