DOH Issues Guidelines on Fiscal Intermediary Marketing Materials
The Department of Health (DOH) Office of Health Insurance Programs (OHIP) has issued new guidance pursuant to the 2018-19 State Budget, which requires all Fiscal Intermediaries (FIs) to submit all marketing and outreach materials to the Department for approval before use. The guidance is effective Nov. 1, 2018. It requires entities applying for FI authorization to include all marketing and outreach materials as attachments to their application for authorization.
The document addresses the following issues:
- Defines marketing and outreach activities of FIs, including any material that references the FI and/or Consumer Directed Personal Assistance Program or Consumer Directed Personal Assistance Services (CDPAP/CDPAS).
- Sets general standards for acceptable material regarding proper representation of the CDPAP program.
- Establishes permitted and impermissible advertising activities, including prohibiting discrimination, cold call solicitations, and the offering of inducements.
- Sets forth the submission process and requirements.
- Delineates the DOH 30-day review process – for both materials for use on or after Nov. 1st and materials in use prior to Nov. 1st.
- Sets forth the approval/disapproval and FI appeal process.
The guidance does not elaborate on the statute that establishes penalties for FIs that disseminate unauthorized, false, or misleading advertisements in two or more promotional campaigns/outreach actions, except for detailing that the FI Advertising Amnesty process for existing FIs in this guidance does not count disapproved advertising toward the two offenses before penalty.
LeadingAge NY is trying to ascertain how many of our Certified Home Health Agency (CHHA) and Licensed Home Care Services Agency (LHCSA) members provide FI services. Please indicate to Meg Everett if you currently offer or plan to offer this service. For questions on the guidance, please don’t hesitate to call.
Contact: Meg Carr Everett, meverett@leadingageny.org, 518-867-8871