Can I run a marketing campaign that only targets wealthier neighborhoods?
No. CMS prohibits targeting potential enrollees based on income level, and also bars discriminatory recruiting practices that favor one income group without comparable efforts toward others.
What the rule says
This is a list of prohibited acts for MA organizations:
“MA organizations may not do any of the following:”
“Engage in any discriminatory activity such as attempting to recruit Medicare beneficiaries from higher income areas without making comparable efforts to enroll Medicare beneficiaries from lower income areas, or vice versa.”
“Target potential enrollees based on income levels, unless it is a dual eligible special needs plan or comparable plan as determined by the Secretary.”
The same restrictions apply for Part D sponsors, this being a list of prohibited acts for Part D:
“Part D sponsors may not do any of the following:”
“Target potential enrollees based on higher or lower income levels.”
Note: Part 422 allows an income-based targeting exception for dual eligible special needs plans or comparable plans; the Part 423 excerpt provided does not include a similar exception.
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.
