42 CFR § 425.310 - Marketing requirements.
(1) The ACO certifies compliance with all the marketing requirements under this section; and
(2) CMS does not disapprove the marketing materials or activities.
(b) Deemed approval.
(ii) The ACO, ACO participant, ACO provider/supplier, or another individual or entity performing functions or services related to ACO activities as applicable, must discontinue use of any marketing materials or activities disapproved by CMS.
(c) Marketing requirements. Marketing materials and activities must meet all of the following:
(1) Use template language developed by CMS, if available.
(2) Not be used in a discriminatory manner or for discriminatory purposes.
(4) Not be materially inaccurate or misleading.