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US · guidance

CMS Pub. 100-16, ch. 9, § 50.1.1

Rules for Direct Contract and “800 series” Plans

activein force · 2026-08-25 – presentas-observed

CMS has waived the prior review and approval requirements for marketing materials and

election forms contained in 42 CFR 422.2262 for all EGWPs. These waivers apply to “800

series” and Direct Contract plans.

As a result of this waiver, Direct Contract plans and MAOs offering “800 series” EGWPs or

employer-sponsored individual MA plans are not subject to the annual restriction on

communications directed to Medicare eligible beneficiaries prior to October 1st. Rather, CMS

strongly encourages employer/union sponsors and entities offering these plans to

employers/unions to communicate to beneficiaries early in the process and to continue to

communicate about their benefits frequently prior to their annual open enrollment period (which

may differ from Medicare’s annual coordinated election period. Employers/unions and/or entities

that offer employer-sponsored “800 series” or individual plans to employers/unions should direct

beneficiaries to available resources and explain their coverage and how it coordinates with

Medicare.

History

(Rev. 111, 05-03-13, Effective: 05-03-13, Implementation: 05-03-13)

Provenance

Source
cms.gov
Retrieved
2026-08-25
Edition
iom-2026-08-25
Content hash
ac1b00fa87a08fc7ab29c06c267f78fa4a3427fb18d9dfdd284e8e1d2ee77483
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