Avoiding co-branding mistakes for brokers

Your success relies on the reputation of you and your products. Know the ins and outs of co-branding and trust that JAR keeps you compliant.

As an agent, we know you have a lot of priorities. Trying to navigate promoting your own business while promoting the plans you sell can be tricky. This form of co-branding, if not done correctly, can lead to mistakes that can result in legal and regulatory issues.

The term “Co-Branding,” as defined by CMS, refers to a relationship between two separate entities — where one party needs to be a plan — where both parties’ names are displayed on materials, signifying a business relationship.1

These co-branding relationships are always separate from and independent of any contract a plan has with CMS, meaning signifying a relationship between a plan and CMS is not required in co-branded materials. 1

When co-branding mistakes are made, they may include not including a disclaimer that communicates the business relationship or not including model content, which communicates the recipient has options outside of the offerings in the material in question. 1 Both the appropriate disclaimers and model content that are specified by CMS regulations at 42 CFR §§ 422.2267(e)(36) and 423.2267(e)(37). 1

As a JAR agent, you’ll have the support of an experienced back-office support team who handles all of the details of CMS compliance,  so that you never need to wonder whether you’re using the appropriate disclaimers, whether the licensing of your materials is up-to-date, or whether you’re legally compliant in all aspects of your marketing and communications materials. Our support team is ready to tackle the tasks of compliance, so that you can do more of what you’re passionate about: building your business. Contact us today to see what you’re capable of with the support of a team that believes in your long-term success.

1. Centers of Medicare & Medicaid Services. Medicare Communications and Marketing Guidelines. 2022:3. Available here.