Q and A Preemption
Guidance for whether states preempted are from pursuing a Part D plan sponsor or Medicare Advantage organization (MAO) for a marketing violation in situations where the materials have been approved by CMS pursuant to Federal standards, but the “approved material” violates a State law (e.g., a phone script approved by CMS), or in situations where a state believes a plan sponsor or MAO may be violating a Part C or D law or the applicable Medicare Marketing Guidelines.
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: January 01, 2020
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