medicare FMO recs in california? using "medicare" in advertising

[acali4nea]

hi, I am looking to put a new focus on incorporating medicare into my existing insurance business.

the FMO I am currently with is saying that I'm not allowed to use the term "medicare" in my website name, company name or email address. I am in the early stages of branding (logo, website) and had planned to use medicare in my logo and website. for example, a website called themedicareman.com exists. at the bottom of the site, it says this:

Important disclosures about Medicare Plans: Medicare has neither endorsed nor reviewed this information. Not connected or affiliated with any United States Government or State agency. We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.

so this person
a) clearly has "medicare" in his website url.
b) clearly advertises himself as "the medicare man"
c) clearly has a logo which incorporates the term "the medicare man"
d) has a disclosure that states that he isn't associated with the government medicare entity.


i want to advertise myself in a similar manner but my FMO is saying this wouldn't comply with CMS guidelines. I can't get in touch with anyone useful at CMS and so this is the best I could find on their website:

a broker/agent
"Cannot state that they are from Medicare or use
words or symbols, including “Medicare” in a
misleading manner. For example, they cannot state
that they are approved, endorsed or authorized by
Medicare, are calling on behalf of Medicare, or that
Medicare asked them to call or see the beneficiary.


I see dozens of websites that use "medicare" in their url and they all have a similar disclosure that states that they aren't affiliated with the government medicare agency.

does anyone know if it's common for an FMO to restrict me from using the term or is my FMO being overly strict?

Does anyone know an FMO that won't restrict me? I'm in california and considering switching FMOs if it means I can market myself the way I want.

 

[rmhaire]

Does anyone know an FMO that won't restrict me? I'm in california and considering switching FMOs if it means I can market myself the way I want.

I doubt that your fmo is restricting you. He's just conveying the rules from CMS. Most fmos, if not all, could care less what you use.

The reason you're seeing all of the websites that use the word medicare in them is simple. These people were doing it before CMS came out with this stupid rule. It's only been out a year or so.

The part about not representing all plans yada yada should be on your website, emails, etc. Another part of this stupid rule.

Also, and most important, CMS doesn't regulate OM and they can't say diddly squat about what you do over there.

 

[Jim Wright]

There was a rule that came out last year saying you couldn't use "Medicare" in your marketing if it's misleading. That's lead most to not use "Medicare" in their name.

We had to change our Connecture product from Medicare Connect to Mediconnect for that reason since there is a client facing part of it.

 

[rmhaire]

There was a rule that came out last year saying you couldn't use "Medicare" in your marketing if it's misleading. That's lead most to not use "Medicare" in their name.

We had to change our Connecture product from Medicare Connect to Mediconnect for that reason since there is a client facing part of it.

The biggest problem with trying to use "Medicare" for marketing is that it's already been done. It was cute for a while but it's been over done. Every time I log into BookFace, I'm pounded with ads from medicareman, medicareguru and such.

It's too much for the boomer crowd.

I'd recommend that the OP reconsider. Market yourself.

But while I've got you on the phone. Do you guys offer Connecture with MPro or just Sunfire? Or both?

 

[Jim Wright]

We do Connecture with MPro. MPro had sunfire first but when we partnered with them they added Connecture

 

[acali4nea]

hi, can I get some more feedback on this?

my fmo is actually restricting me from doing this. Someone there gave me a verbal green light once I told them that the rule doesn't prohibit you from using medicare in your marketing name, it prohibits you from using medicare in your marketing name in a misleading manner. the disclaimer is there to prevent people from being misled.

so someone in the marketing/compliance department told me that they don't recommend using it but I'm free to use it if I want. I then spent two months working on marketing stuff just for them to tell me I can't use it.

does anyone know an FMO in california that would allow it? For example, let's say my marketing name is Spanish Medicare Agent and my website name is spanishmedicareagent.com. If I have a disclaimer on all marketing material and my website, am I breaking any CMS rules?

Can someone point me to a solid FMO who doesn't care about this?

 

[Jim Wright]

hi, can I get some more feedback on this?

my fmo is actually restricting me from doing this. Someone there gave me a verbal green light once I told them that the rule doesn't prohibit you from using medicare in your marketing name, it prohibits you from using medicare in your marketing name in a misleading manner. the disclaimer is there to prevent people from being misled.

so someone in the marketing/compliance department told me that they don't recommend using it but I'm free to use it if I want. I then spent two months working on marketing stuff just for them to tell me I can't use it.

does anyone know an FMO in california that would allow it? For example, let's say my marketing name is Spanish Medicare Agent and my website name is spanishmedicareagent.com. If I have a disclaimer on all marketing material and my website, am I breaking any CMS rules?

Can someone point me to a solid FMO who doesn't care about this?

I would have to know a little more about your agreement with the FMO you use. Are you an LOA agent with them? Do all of your commissions go to them and they keep some?

I'm with an FMO and we have no control over any of our agent's business decisions. We certainly will consult and lay out the dangers of doing things but all of our agents own their own business. I

It's too late for you to do anything this year but I would look for an FMO that doesn't own your book. Then they have no right to say anything about the name of your agency