Can a doctor's office hand out my plan's marketing materials to patients?
Yes, but it depends on whether the doctor is acting on their own or at your plan's request.
What the rule says
If the provider is acting on their own initiative (not at the plan's request):
“Referring patients to MA plan marketing materials available in common areas;”
This is one of the permissible provider-initiated activities that fall outside the definition of marketing.
If the activity is initiated at the plan's request, the plan is responsible for compliance, and the following applies (this is a list of things the provider *may* do):
“During plan-initiated provider activities, the provider may do any of the following:”
“Make available, distribute, and display communications materials, including in areas where care is being delivered.”
However, in that same plan-initiated scenario, this is a list of things the MA organization must ensure the provider does *not* do:
“During plan-initiated provider activities, MA organizations must ensure that the provider does not:”
“Distribute marketing materials or enrollment forms in areas where care is being delivered.”
Whether item (d)(2)(i) or (d)(1)(vii) controls in a care-delivery-area scenario depends on facts not distinguished further in this excerpt (e.g., whether "communications materials" and "marketing materials" are the same category); the excerpt itself lists both provisions without reconciling them, so I'm flagging that overlap rather than resolving it. The same structure applies under Part D at 42 CFR § 423.2266(c)(5) and (d).
Carrier and FMO rules are often stricter than CMS rules. This tool reports what CMS sources say and is not legal advice. Enrollment guidance shown is the CY 2027 version. Regulation text reflects the CY 2027 marketing rules, which apply to marketing beginning October 1, 2026.
This answer was generated by mapdbot from the sources listed below on September 23, 2026 and checked against them. Regulation text: eCFR as of 09/15/2026. It is for licensed insurance agents, is not legal advice, and does not cover carrier or FMO rules.