Common use of Marketing Requirements Clause in Contracts

Marketing Requirements. The CONTRACTOR shall maintain written policies and procedures governing the development and distribution of Marketing Materials that, among other things, include methods for quality control to ensure that Marketing Materials are accurate and do not mislead, confuse, or defraud Recipients, potential Members, or the State. HCA shall review and approve the content, comprehension level, and language(s) of all Member Marketing Materials before use. The CONTRACTOR shall distribute its Marketing Materials statewide. The CONTRACTOR shall not seek to influence enrollment in conjunction with the sale or offering of any private insurance, except for public/private partnerships. The CONTRACTOR shall comply with the requirements in the Managed Care Policy Manual and all federal regulations regarding Medicare-Advantage and Medicaid Marketing (42 C.F.R. § 422 and § 438) and the CMS Medicare Marketing Guidelines, which can be found at: xxxxx://xxx.xxx.xxx/Medicare/Health-Plans/ManagedCareMarketing/FinalPartCMarketingGuidelines. Marketing Activities Not Permitted Under This Agreement The following Marketing activities are prohibited, regardless of the method of communication (verbal, written) or whether the activity is performed by the CONTRACTOR directly, or by its Contract Providers, Subcontractors, Major Subcontractors, agents, consultants, or any other party affiliated with the CONTRACTOR: Asserting or implying that a Recipient shall lose Medicaid benefits if he or she does not enroll with the CONTRACTOR or inaccurately depicting the consequences of choosing a different MCO; Designing a Marketing plan that discourages or encourages MCO selection based on health status or risk; Offering to or initiating an enrollment request on behalf of a Recipient; Making inaccurate, false, materially misleading, or exaggerated statements; Asserting or implying that the CONTRACTOR offers unique Covered Services when another MCO provides the same or similar services. Explaining and offering Value Added Services in accordance with this Agreement is permitted; Using gifts or incentives other than Value Added Services to entice people to join a specific MCO; Directly or indirectly conducting door-to-door, telephonic, electronic, or other Cold Call Marketing. The CONTRACTOR may send informational material regarding its benefit package to Recipients and potential Members; Conducting any other Marketing activity prohibited by HCA during the term of this Agreement; and Including statements that the CONTRACTOR is endorsed by CMS, the federal or State governments, or by a similar entity. The CONTRACTOR shall take reasonable steps to prevent its Contract Providers, Subcontractors, Major Subcontractors, agents, consultants, or any other party affiliated with the CONTRACTOR from committing the acts prohibited in this Section 3.4. The CONTRACTOR shall be held liable only if it knew or should have known that the delegated Marketing activities were performed in violation as described here in and failed to take timely corrective action. HCA reserves the right to prohibit additional Marketing activities at its discretion. Marketing Time Frames The CONTRACTOR may initiate Marketing activities at any time, subject to the requirements and limitations in this Agreement. Cultural and Linguistic Competence

Marketing Requirements. The CONTRACTOR shall maintain written policies and procedures governing the development and distribution of Marketing Materials that, among other things, include methods for quality control to ensure that Marketing Materials are accurate and do not mislead, confuse, or defraud Recipients, potential Members, or the State. HCA HSD shall review and approve the content, comprehension level, and language(s) of all Member Marketing Materials before use. The CONTRACTOR shall distribute its Marketing Materials statewide. The CONTRACTOR shall not seek to influence enrollment in conjunction with the sale or offering of any private insurance, except for public/private partnerships. The CONTRACTOR shall comply with the requirements in the Managed Care Policy Manual and all federal regulations regarding Medicare-Advantage and Medicaid Marketing (42 C.F.R. § 422 and § 438) and the CMS Medicare Marketing Guidelines, which can be found at: xxxxx://xxx.xxx.xxx/Medicare/Health-Plans/ManagedCareMarketing/FinalPartCMarketingGuidelines. Marketing Activities Not Permitted Under This Agreement The following Marketing activities are prohibited, regardless of the method of communication (verbal, written) or whether the activity is performed by the CONTRACTOR directly, or by its Contract Providers, Subcontractors, Major Subcontractors, agents, consultants, or any other party affiliated with the CONTRACTOR: Asserting or implying that a Recipient shall lose Medicaid benefits if he or she does not enroll with the CONTRACTOR or inaccurately depicting the consequences of choosing a different MCO; Designing a Marketing plan that discourages or encourages MCO selection based on health status or risk; Offering to or initiating an enrollment request on behalf of a Recipient; Making inaccurate, false, materially misleading, or exaggerated statements; Asserting or implying that the CONTRACTOR offers unique Covered Services when another MCO provides the same or similar services. Explaining and offering Value Added Services in accordance with this Agreement is permitted; Using gifts or incentives other than Value Added Services to entice people to join a specific MCO; Directly or indirectly conducting door-to-door, telephonic, electronic, or other Cold Call Marketing. The CONTRACTOR may send informational material regarding its benefit package to Recipients and potential Members; Conducting any other Marketing activity prohibited by HCA HSD during the term of this Agreement; and Including statements that the CONTRACTOR is endorsed by CMS, the federal or State governments, or by a similar entity. The CONTRACTOR shall take reasonable steps to prevent its Contract Providers, Subcontractors, Major Subcontractors, agents, consultants, or any other party affiliated with the CONTRACTOR from committing the acts prohibited in this Section 3.4. The CONTRACTOR shall be held liable only if it knew or should have known that the delegated Marketing activities were performed in violation as described here in and failed to take timely corrective action. HCA HSD reserves the right to prohibit additional Marketing activities at its discretion. Marketing Time Frames The CONTRACTOR may initiate Marketing activities at any time, subject to the requirements and limitations in this Agreement. Cultural and Linguistic Competence