Do marketing materials that include plan comparisons require CMS submission?

Marketing materials that include plan comparisons do not require submission to CMS (Centers for Medicare & Medicaid Services) because they fall under a category that is considered allowable under the guidelines if they are compliant with certain standards. The reasoning is that while plan comparisons should be accurate and not misleading, the specific requirement for submission applies primarily to more formal marketing materials, such as those that make coverage or benefit claims.

In practice, organizations must ensure that any comparisons they make are balanced and provide appropriate disclaimers if necessary, but the act of comparing plans itself—assuming it's presented in a compliant manner—does not trigger the submission requirement. This allows agencies to promote their offerings more flexibly while still adhering to the regulations governing marketing.