Which of the following statements is true regarding marketing materials that include plan comparisons or cost sharing?

Which of the following statements is true regarding marketing materials that include plan comparisons or cost sharing?

• A. They must be submitted to CMS
• B. They do not require CMS submission
• C. They are prohibited under regulations
• D. They must be approved by the health plan

Answer: (B)

The statement that marketing materials which include plan comparisons or cost sharing do not require CMS submission is correct based on existing regulations that allow certain types of communication under specific contexts. This means that brokers and agents can provide these materials to beneficiaries without needing prior approval from the Centers for Medicare & Medicaid Services (CMS) as long as they adhere to regulatory guidelines regarding clarity and honesty in presenting the comparisons and information.

This approach allows for more flexibility in marketing and allows brokers to better inform potential beneficiaries about their options since they can tailor their presentations based on the plans available in their specific markets. It's essential for these materials to still comply with other guidelines to ensure they are not misleading, but the lack of a requirement for CMS submission streamlines the ability to communicate options to consumers effectively.

Other choices relate to regulations that either stipulate submission or approval processes that are not necessary in this context, as the rules set forth allow for non-CMS submissions under specific guidelines.