Study guide
11.3 Website, Social Media & Advertising Compliance
AHIP Medicare Certification Exam
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1 Introduction
1.1 About the AHIP Medicare Certification Exam 1.2 How to Use This Study Guide
2 Chapter 2: Medicare Program Fundamentals
2.1 What Medicare Is: Program Structure & How Parts A–D Fit Together 2.2 Medicare Part A — Hospital Insurance 2.3 Medicare Part B — Medical Insurance 2.4 Medicare Eligibility Rules (Age 65, Disability, ESRD, ALS)
3 Chapter 3: Medicare Enrollment Periods
3.1 Initial Enrollment Period (IEP) 3.2 Annual Enrollment Period (AEP): October 15 – December 7 3.3 Medicare Advantage Open Enrollment Period (MA OEP): January 1 – March 31 3.4 Special Enrollment Periods (SEPs) & Qualifying Life Events 3.5 Late Enrollment Penalties (Part A, Part B, Part D)
4 Chapter 4: Medigap & Coordination of Coverage
4.1 Medigap (Medicare Supplement) Basics & Guaranteed Issue Rights 4.2 Dual Eligibility & Medicare Savings Programs 4.3 How Original Medicare, MA, Part D & Medigap Interact
5 Chapter 5: Medicare Advantage Plan Types
5.1 Medicare Advantage (Part C) Overview: How MA Differs from Original Medicare 5.2 HMO & HMO-POS Plans 5.3 PPO Plans 5.4 PFFS Plans (Private Fee-for-Service) 5.5 MSA Plans (Medicare Medical Savings Accounts) 5.6 Cost Plans & Employer Group Waiver Plans (EGWPs)
6 Chapter 6: Special Needs Plans & MA Plan Design
6.1 Special Needs Plans (SNPs) Overview 6.2 D-SNP — Dual-Eligible Special Needs Plans 6.3 C-SNP & I-SNP — Chronic Condition & Institutional Special Needs Plans 6.4 MA Benefits, MOOP & Supplemental Benefits 6.5 MA Star Ratings & Plan Quality
7 Chapter 7: Part D Structure & the 2026 Redesign
7.1 Part D Overview & Eligibility 7.2 Formularies & Drug Tiers 7.3 The 2026 Part D Benefit Redesign ($2,100 OOP Cap, $615 Max Deductible, Catastrophic Phase) 7.4 Medicare Prescription Payment Plan (Drug-Cost Smoothing)
8 Chapter 8: Part D Costs, Assistance & Appeals
8.1 Low-Income Subsidy (LIS) / Extra Help 8.2 Part D Late Enrollment Penalty & Creditable Coverage 8.3 Coverage Determinations, Exceptions & Appeals
9 Chapter 9: CMS Marketing Rules & Scope of Appointment
9.1 CMS Medicare Communications & Marketing Guidelines (MCMG) Overview 9.2 Scope of Appointment (SOA): the 48-Hour Rule & Exceptions 9.3 Permitted vs. Prohibited Marketing & Sales Activities 9.4 Marketing Events vs. Educational Events
10 Chapter 10: Enrollment & Disclosure Requirements
10.1 The Pre-Enrollment Checklist (PEC) 10.2 Enrollment Procedures & Application Requirements 10.3 Call Recording & Third-Party Marketing Organization (TPMO) Disclaimers 10.4 Agent & Broker Compensation Rules
11 Chapter 11: Marketing Conduct & Oversight
11.1 Cross-Selling Restrictions & Nominal Gift Value Rules 11.2 Marketing to Vulnerable Populations & Non-Discrimination in Sales 11.3 Website, Social Media & Advertising Compliance 11.4 Complaint Tracking Module (CTM) & Agent Oversight
12 Chapter 12: Understanding Fraud, Waste & Abuse
12.1 Defining Fraud, Waste & Abuse (and the Difference Between Them) 12.2 The False Claims Act 12.3 The Anti-Kickback Statute
13 Chapter 13: Compliance Laws & Screening
13.1 The Stark Law (Physician Self-Referral) 13.2 HIPAA Privacy & Security Basics 13.3 The OIG Exclusion List & Sanctioned-Provider Screening
14 Chapter 14: Reporting, Compliance Programs & Consequences
14.1 Detecting & Reporting FWA 14.2 Compliance Program Requirements (Seven Core Elements) & Non-Discrimination Training 14.3 Consequences & Corrective Action Plans
11.3 Website, Social Media & Advertising Compliance
Key Takeaways Explain This Topic AI
A digital post is treated as regulated marketing material -- requiring HPMS filing before use -- whenever it names a specific plan, cites specific benefits, or includes an enrollment call-to-action.
General educational content with no plan name and no enrollment link is a communication, not marketing, and does not require prior CMS filing.
Independent agents representing multiple carriers are TPMOs and must post the CMS-required disclaimer on websites and in electronic communications.
TV, online, and social media ads must show the marketing organization's name for the entire ad duration in a comparable font size, or read it at the phone number's pace.
Using a carrier's logo or specific plan details on a personal website requires that carrier's prior written approval.
Last updated: July 2026
Why This Topic Matters
Most Medicare agents today generate leads through a personal website, Facebook page, YouTube channel, or paid search ads — channels that did not exist when the original Medicare Marketing Guidelines were written. CMS closed that gap by extending the same "is this marketing?" test it applies to print brochures to every digital surface an agent uses. AHIP tests this section because the rule is genuinely counterintuitive to new agents: a general, educational post about Medicare is treated completely differently from a post that names a specific plan — and getting that distinction wrong is one of the fastest ways an independent agent creates a compliance problem for the carrier whose plan they sell.
The Marketing-Material Test
CMS draws a hard line between communications (general information) and marketing materials (anything that steers a specific enrollment decision). A digital post, video, ad, or web page is treated as marketing material — requiring the carrier to file it with CMS through the Health Plan Management System (HPMS) for review before it is used — whenever it does any of the following:
- Names a specific plan by name
- Highlights specific benefits (e.g., "$0 premium," "$150 grocery allowance")
- Includes enrollment information or a call/click to enroll
- Is a paid search ad, social media post, banner ad, landing page, or email campaign tied to a specific plan
By contrast, a post that discusses Medicare in general terms — "5 things to know before your Initial Enrollment Period," with no plan name, no specific benefit dollar figures, and no enrollment link — is a communication , not marketing, and does not require prior CMS filing (though it must still be accurate).
Table: Communication vs. Marketing Material Online
- Feature Communication (no filing required) Marketing Material (HPMS filing required)
- Names a specific plan No Yes
- Cites specific dollar benefits No Yes
- Includes an enrollment link/CTA No Yes
Example "Understanding Medicare Part B late enrollment penalties" blog post "Enroll today in the XYZ $0-premium Medicare Advantage plan!"
Required Disclosures Online
Independent agents who represent more than one carrier are Third-Party Marketing Organizations (TPMOs) for CMS purposes. TPMOs must display the CMS-required disclaimer prominently on their websites and include it in electronic communications such as email and chat:
"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."
For television, online, or social media advertisements, the marketing organization's name must either be read at the same pace as the phone number in the ad, or displayed for the entire duration of the ad in a font size at least as large as the advertised phone number or benefit figures. This exists to stop ads that flash a legitimate-sounding organization name for one second while spending the rest of the ad promoting a specific benefit — CMS wants beneficiaries to clearly see who is actually behind the ad, for as long as they see the pitch.
The Personal-Branding Trap
An independent agent cannot simply put a carrier's logo or specific plan details on a personal website or social profile. Doing so requires the carrier's prior written approval , and that specific content must be filed with CMS if it meets the marketing-material test above. This is why most compliant agent websites use generic phrasing ("Medicare Advantage plans available in your area") rather than naming carriers directly — naming a carrier and its plan turns a personal bio page into a piece of regulated marketing material overnight.
Exam Scenario
An agent posts on Facebook: "Ask me about the $0 premium XYZ Medicare Advantage plan with a $150 grocery card!" Because this names a specific plan (XYZ) and cites specific dollar benefits ($0 premium, $150 grocery card), it is marketing material and must be filed with CMS through HPMS — with the carrier's approval — before it is posted. The agent cannot legally publish it on her own authority.
A second agent posts a video titled "5 Things to Know Before Your Medicare Initial Enrollment Period," mentioning no specific plan or carrier and containing no enrollment link. This is a communication, not marketing material, and requires no prior CMS filing — though it must remain factually accurate and should be revisited each plan year so old figures (deductibles, premiums) don't go stale.
Takeaways
The marketing-material test online is the same as in print: naming a specific plan, citing specific benefits, or including an enrollment call-to-action converts a post into regulated marketing requiring HPMS filing.
General educational content with no plan name and no enrollment link is a communication and does not require prior CMS filing.
Independent agents representing multiple carriers are TPMOs and must display the required TPMO disclaimer on websites and in electronic communications.
TV/online/social ads must display the marketing organization's name for the full ad duration (or read it at the phone-number's pace) in a comparable font size.
Using a carrier's logo or plan specifics on a personal website requires that carrier's prior written approval — unapproved use is a compliance violation even without any complaint filed.