Can I market to someone during the Medicare Advantage open enrollment period?

“MA organizations may not do any of the following:”

“Knowingly target or send unsolicited marketing materials to any MA enrollee during the Open Enrollment Period (OEP).”

“During the OEP, an MA organization may do any of the following:”

“Conduct marketing activities that focus on other enrollment opportunities, including but not limited to marketing to age-ins (who have not yet made an enrollment decision), marketing by 5-star plans regarding their continuous enrollment special election period (SEP), and marketing to dual-eligible and LIS beneficiaries who, in general, may make changes once per calendar quarter during the first 9 months of the year;”

“Send marketing materials when a beneficiary makes a proactive request;”

“At the beneficiary's request, have one-on-one meetings with a sales agent;”

“During the OEP, an MA organization may not:”

“Send unsolicited materials advertising the ability or opportunity to make an additional enrollment change or referencing the OEP;”

“Specifically target beneficiaries who are in the OEP because they made a choice during Annual Enrollment Period (AEP) by purchase of mailing lists or other means of identification;”

“The term "knowingly", as used in the regulation, considers the recipient and content of the message. For example, if messaging specifically calling out the OEP is sent, it would be knowingly targeting.”