CMS Pub. 100-11, ch. 3, § 50.4

42 CFR 460.82(e)(2)

Product endorsements and testimonials must adhere to the following

guidelines:

• The individual providing the testimonial or endorsement must identify

the PO by name;

• If the endorsement or testimonial is from a PACE participant, the PACE

participant must be enrolled at the time the endorsement or

testimonial was created. POs are reminded that they need to take all

applicable measures to appropriately secure the necessary consent to

use the participant’s statements and/or images. If desired, the PO may

request the participant’s consent to continue using the endorsement in

the case of their death;

• Endorsements or testimonials from family members/care givers are

permitted. The endorsements or testimonials must reference a time

when the participant was enrolled. Family members/care givers may

provide testimonials of deceased participants; however, the time in

which the participant was enrolled in PACE must be referenced in the

testimonial. As with participant endorsements, POs are responsible for

taking applicable measures to appropriately secure consent;

• The endorsement or testimonial cannot use fictitious quotes by

physicians or other health care providers; and

• The PO must clearly state that an individual offering a testimonial or

endorsement was paid, or if the individual offering the testimonial or

endorsement is a paid actor (i.e. “paid actor portrayal”), if applicable.

Note: The re-publication of an individual user’s content or comment from

social media sites (e.g., Facebook, Twitter, YouTube, LinkedIn) that

promotes a PO is considered an endorsement or testimonial and must

adhere to the guidance in this section.

50.5 – Marketing of Alternative Care Settings (ACS)

42 CFR 460.82(a), 460.98(b)(2)

When marketing ACSs, POs must make it clear that:

• ACSs are not PACE centers; and

• ACSs offer a more limited set of services than the PACE center.