Which individuals are generally subject to CMS marketing representative compensation rules?

The correct answer reflects that captive agents who market multiple plans and independent agents are both subject to the CMS marketing representative compensation rules. These rules are in place to ensure ethical marketing practices and compliance within the Medicare program. Captive agents often represent a specific insurer but may offer multiple plans, while independent agents can work with various insurance companies. Consequently, both types of agents are impacted by these regulations to maintain fair compensation practices and avoid incentivizing misleading marketing tactics.

Moreover, the inclusion of independent agents is key, as they often have flexibility in their client offerings and could potentially influence a wider range of marketing strategies. By regulating the compensation for these individuals, CMS aims to enhance the integrity of marketing practices across the Medicare landscape.

Other groups, such as agents who exclusively target employer or union group markets or those operating outside of Medicare, are not typically subject to the same standards and rules. This delineation is important for compliance and understanding how Medicare marketing operates within different contexts.