What is File and Use, and how soon after submitting a marketing piece can I use it?
File and Use lets a plan distribute certain CMS-designated marketing materials just 5 days after submission, without waiting for a full CMS review or approval — as long as the plan certifies the material meets all applicable communications and marketing requirements.
What the rule says
“Part D sponsors may not distribute or otherwise make available any marketing materials or election forms unless one of the following occurs:”
“The Part D sponsor may distribute certain types of marketing materials, designated by CMS based on the material's content, audience, and intended use, as they apply to potential risk to the beneficiary, 5 days following the submission.”
“The Part D sponsor must certify that the material meets all applicable CMS communications and marketing requirements in §§ 423.2260 through 423.2267.”
The MA rule mirrors this:
“The MA organization may distribute certain types of marketing materials, designated by CMS based on the material's content, audience, and intended use, as they apply to potential risk to the beneficiary, 5 days following the submission.”
CMS guidance further explains:
“A material submitted under F&U may be used five days following its submission, provided the plan certifies the material complies with all applicable standards.”
“Plans may be subject to compliance actions if: Materials are used before they are "accepted" (i.e. five days following the submission of the material), or Materials are found during a CMS review to be out of compliance with the applicable requirements under §§422.2260 through 422.2267 and §§ 423.2260 through 423.2267.”
Guidance also notes that the HPMS Marketing Module's "Marketing Lookups" function identifies which materials and media types qualify for File and Use submission [MCMG § 422.2261(b)(3) / 423.2261(b)(3) – File and Use (F&U)].
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.