The Can and Can’t Do’s of Open Enrollment - Western Asset Protection
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The Can and Can’t Do’s of Open Enrollment

As you are well aware, some big changes have come this year in the release of the new Medicare Communications and Marketing Guidance.  In prior years, we experienced Medicare Advantage Disenrollment Period (MADP )  from January 1- February 14th – Medicare has introduced a new enrollment period for 2019 beyond the Annual Enrollment Period ( AEP ) called Open Enrollment Period ( OEP ). The Open Enrollment Period begins January 1 and ends March 1, 2019 – This replaces the Medicare Advantage Disenrollment period.

During OEP, If a  Medicare Beneficiary is enrolled in a Medicare Advantage plan effective January 1, 2019, they will have the option to make a one-time opportunity to change to

  • MAPD or MA only
  • Original Medicare (with or without Part D)

The Beneficiary’s effective date will be the 1st of the following month beyond the Signature date.

With this new enrollment opportunity, there are also new RULES to follow for marketing for Carriers and Agents.


  • Send unsolicited materials advertising the ability/opportunity to make an additional enrollment change or referencing the OEP
  • Specifically target beneficiaries who are in the OEP because they made a choice during Annual Enrollment Period (AEP)
    • by purchase of mailing lists or other means of identification
  • Engage in or promote agent/broker activities that intend to target the OEP as an opportunity to make further sales
  • Call or otherwise contact former enrollees who have selected a new plan during the AEP


  • Conduct marketing activities that focus on other enrollment opportunities including but not limited to:
    • Marketing to age-ins (who have not yet made an enrollment decision)
    • 5-star plans marketing the continuous enrollment SEP
    • Marketing to dual-eligible and LIS beneficiaries who, in general, may make changes once per calendar quarter during the first nine months of the year
  • Send marketing materials when a beneficiary makes a proactive request
  • At the beneficiary’s request, have one-on-one meetings with a sales agent
  • At the beneficiary’s request, provide information on the OEP through the call center

To view this portion of the 2019 MCMG, Click here.

Western Asset Protection is here to help you become the expert in your chair, and we are always happy to help you with questions you may have regarding the new marketing rules, or assist you in review of any of your generic marketing materials.

Please remember to submit your generic marketing reviews to  for compliance approval prior to distribution, and we will review your materials for within 3 business days.