TN Insurance Bulletin 18-01: The use of the terms "Medicare", "Medicaid", "Social Security", or "TennCare" in advertising and business names

BILL HASLAM

GOVERNOR

TO:

FROM:

RE:

DATE:

STATE OF TENNESSEE

DEPARTMENT OF COMMERCE AND INSURANCE

500 JAMES ROBERTSON PARKWAY

NASHVILLE, TENNESSEE 37243·5065

615-741-6007

BULLETIN 18-01

All Licensed Insurance Producers

tlLi. ~ 1\1 p ~

JULIE MIX McPEAK

COMMISSIONER

Julie Mix McPeak, Commissioner

u:-__ ·_ . '

The use of the terms "Medicare," "M dicaid," "Social Security," or "TennCare"

in advertising and business names

August J/

, 2018

The purpose of this Bulletin is to provide guidance regarding the use of the terms "Medicare,"

"Medicaid," "Social Security," or "TennCare" in advertising and business names.

Section 1140 of the Social Security Act [42 U.S.C. 1320b-10] (a)(l) prohibits the use of the terms

"Medicare," "Medicaid," or "Social Security" in connection with any item of advertising in any

manner which the person knows or should know would convey, or could be interpreted as

conveying, "the false impression that such item is approved, endorsed, or authorized by the Social

Security Administration, the Centers for Medicare and Medicaid Services, or the Department of

Health and Human Services or that such person has some connection with, or authorization from,

the Social Security Administration, the Centers for Medicare and Medicaid Services, or the

Department of Health and Human Services."

It is the Department's position that the use ofthe terms "Medicare," "Medicaid," "Social Security,"

or "TennCare" in a business name gives the false impression that the company is approved,

endorsed, or authorized by the Social Security Administration or the Centers for Medicare and

Medicaid Services, unless the use contains a clear and prominent disclaimer that the company is

not authorized by, endorsed by, or affiliated with a governmental agency

"Medicare," "Medicaid," "Social Security,"

or "TennCare" in a business name gives the false impression that the company is approved,

endorsed, or authorized by the Social Security Administration or the Centers for Medicare and

Medicaid Services, unless the use contains a clear and prominent disclaimer that the company is

not authorized by, endorsed by, or affiliated with a governmental agency.

It is also the Department's position that the use of the terms "Medicare," "Medicaid," "Social

Security," or "TennCare" in a business name, without a clear and prominent disclaimer that the

company is not approved, endorsed, or authorized by a governmental agency, constitutes an unfair

and deceptive trade practice under Tenn. Code Ann. § 56-8-104.

Any questions about the intent of this Bulletin should be directed to the Insurance Division's

Director of Insurance, 7111 Floor, Davy Crockett Tower, 500 James Robertson Parkway, Nashville,

Tennessee, 37243, and/or (615) 741-3450.