Updated CMS Guidance for Insurance Company Mailings

In our October 2010 Newsletter, we noted that the Centers for Medicare and Medicaid Services (CMS) had issued new guidance for insurance companies regarding mailings sent to members of their Medicare plans (click here if you wish to read the earlier CMS press release).

CMS has updated this guidance with more flexible language that allows Medicare plans to send mailings to their Members as long as their Members have consented to such mailings and no federal funds or Medicare data is used with the mailings. 

Press sources reported [external link] that the change in CMS guidance resulted in part from political pressure calling the earlier mailing ban a “gag order” that potentially violated free speech.

CMS officials noted that the newly issued guidance only clarifies their original statement.

Click here if you wish to read the updated CMS memorandum and guidance material - you may also add appropriate comments.