Marketing means communications materials and activities that meet both the following standards for intent and content:
(1) Intended, as determined under paragraph (1)(ii) of this definition, to do any of the following:
(A) Draw a beneficiary's attention to a Part D plan or plans.
(B) Influence a beneficiary's decision making process when making a Part D plan selection.
(C) Influence a beneficiary's decision to stay enrolled in a Part D plan (that is, retention-based marketing).
(ii) In evaluating the intent of an activity or material, CMS will consider objective information including, but not limited to, the audience of the activity or material, other information communicated by the activity or material, timing, and other context of the activity or material and is not limited to the Part D sponsor's stated intent.
(2) Include or address content regarding any of the following:
(i) The plan's benefits, benefits structure, premiums or cost sharing.
(ii) Measuring or ranking standards (for example, Star Ratings or plan comparisons).
42 CFR § 423.2260
The definitions in this section apply for this subpart unless the context indicates otherwise.