The Centers for Medicare and Medicaid Services (CMS) released on September 15, 2008, two final rules affecting the Medicare Advantage and Part D Programs:

• A final rule adopting certain marketing requirements, which take effect October 1, 2008.  These new marketing provisions were addressed in CMS’s May 2008 proposed rule as well the recent Medicare legislation, Medicare Improvements for Patients and Providers Act (MIPPA).  For example, CMS adopts the prohibition on unsolicited contact with Medicare beneficiaries, including cold calling, although the agency indicates that an exception will be made for outreach to existing members.
• An interim final rule addressing other legal and operational aspects of the Medicare Advantage and Part D Programs, all of which take effect September 18, 2008.  This interim final rule predominantly addresses issues affected by MIPPA, including dual-eligible cost-sharing requirements and quality of care initiatives for Special Needs Plans; PFFS provider network requirements; and compensation for agents, brokers and employees marketing plans to Medicare beneficiaries. 

The final rules will be published in the Federal Register on September 18, 2008, and in the meantime can be found here .  Comments on the interim final rule are due on November 15, 2008.

McDermott Will & Emery soon will release an On the Subject analyzing key provisions of the final rules.