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Can I advertise a $0 premium or Part B giveback? What disclosures would I need?

Yes, you can advertise a $0 premium — but you can't call it "free," and the marketing must clearly identify the plan sponsor. The excerpts don't address a Part B giveback specifically, so I can't confirm what applies to that.

What the rule says

On the $0 premium term:

“MA organizations may not do any of the following:”
42 CFR § 422.2262(a)(1)
“Use the term “free” to describe a $0 premium, any type of reduction in premium, reduction in deductibles or cost sharing, low-income subsidy, or cost sharing pertaining to dual eligible individuals.”
42 CFR § 422.2262(a)(1)(xi) / § 423.2262(a)(1)(xi)

The same restriction applies to Part D marketing:

“Part D sponsors may not do any of the following:”
42 CFR § 423.2262(a)(1)

On identifying the sponsor/marketing name, this is a list of prohibited acts, one item of which requires identification:

“In marketing, MA organizations may not do any of the following:”
42 CFR § 422.2263(b)
“Market any products or plans, benefits, or costs, unless the MA organization or marketing name(s) as listed in HPMS of the entities offering the referenced products or plans, benefits, or costs are identified in the marketing material.”
42 CFR § 422.2263(b)(9)

That identification has font/pacing requirements:

“MA organization or marketing names must be in 12-point font in print and may not be in the form of a disclaimer or fine print.”
42 CFR § 422.2263(b)(9)(i)

Note there is a separate, narrower allowance: "free" may still be used for certain zero-cost-share benefits, not premiums:

“Use the term “free” in conjunction with mandatory, supplemental, and preventative benefits provided at a zero cost share for all enrollees.”
42 CFR § 422.2262(a)(2)(iii)

The excerpts do not address advertising a Part B premium giveback specifically, so I can't confirm what disclosure rules, if any, apply to that benefit.

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.

Sources cited

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