Why do some websites have disclaimers when Medicare Part D or Medicare Advantage plan benefits are mentioned?

The Centers for Medicare and Medicaid Services (CMS) Medicare Marketing Guidelines require that websites marketing Medicare Part D and/or Medicare Advantage plans include certain disclaimers about their products or plan coverage.

For example, Section 50.2 of the Medicare Marketing Guidelines, entitled "Disclaimers When Benefits Are Mentioned" states:

The following disclaimers must be used when benefit information is included in marketing materials:

• “The benefit information provided is a brief summary, not a complete description of benefits. For more information, contact the plan.”

• “Limitations, copayments, and restrictions may apply.”

• “[Benefits, formulary, pharmacy network, provider network, premium and/or co-payments/co-insurance] may change on January 1 of each year.”

[emphasis added]. This particular disclaimer is also found in the Federal Regulations under: (42 CFR 422.111(a) and (b), 423.128(a) and (b)).

Please note: We do not represent any Medicare Part D plans, Medicare Advantage plan, or Medicare (CMS). We are an independent online media source and have designed our on this site site to provide an alternative perspective on the Medicare program - and to act as an educational and decision support tool. However, we did find that the CMS disclaimers include beneficial information for our site users and include the non-plan specific disclaimers on all of our pages.

For more information, the Medicare Marketing Guidelines can be found here:

https://www.cms.gov/Medicare/Health-Plans/ManagedCareMarketing/FinalPartCMarketingGuidelines.html
https://www.cms.gov/Medicare/Prescription-Drug-Coverage/PrescriptionDrugCovContra/Downloads/MMG.pdf
https://www.cms.gov/Medicare/Prescription-Drug-Coverage/PrescriptionDrugCovContra/PartDManuals.html