CMS Pub. 100-11, ch. 3, § 50.2

42 CFR 460.82(e)(2)

Marketing material that uses or refers to studies, statistical data, or survey

results regarding customer satisfaction, quality, or cost must include the

following information, in text or as a footnote:

• The name of the organization sponsoring the study;

• Information about the PO’s relationship with the entity that conducted

the study; and

• The publication title, date, and page number.

Note: This information should also be included in the comments field in

HPMS.

POs referencing studies or statistical data must include the following in their

HPMS submission(s):

• If a PO uses study data that includes aggregate marketplace

information on several other POs, the PO is not required to submit

data on all POs included in the study. However, the study details, such

as the number of POs included, must be disclosed.

• If a PO references a CMS study, the PO should include reference

information (e.g., publication, date, page number) in the HPMS

Marketing Material Transmittal comments field, or as a comment on a

separate page if the PO is not submitting the materials through HPMS.

The PO is prohibited from using DHHS, CMS, or Medicare logos.

• If a PO references non-CMS sponsored studies, it should submit the

reference(s), sample size, and number of POs surveyed in the HPMS

Marketing Material Transmittal comments.