Well, I am not sure of the reason they are trying to contact you via phone or email unless you are getting all of your paperwork from them in electronic fashion and they are just using this as your contact method. They should have your address too - so they can send you your paperwork and other notifications.
As to their responsibility of "Medical Advice" - it is limited to giving you information about changes - for safety, for cost, for (allowable) changes to your plan. So actually, there is already a law (and rules) supporting some behavior of Medicare Part D Insurers.
Now IF this communication is more of a solicitation for [something] - there should be a way to "opt-out".
What's OK - in fact, what is necessary:
Within the Medicare Part D program is a stipulation that Med D Insurance Companies have the right and obligation to inform you of certain changes that may affect you. This should be covered in your specific plan outline although all of them work under the guidelines issued by CMS.
Some of these notices are for :
Maintenance Changes: Intended to refine the safety of the Part D benefit, save taxpayer money and protect the interest of beneficiaries throughout the plan year. Maintenance changes include:
- removal (or change in tier placement) of a brand name drug based upon the addition of a new grade A generic at a lower cost to members;
- removal (or change in tier placement) of a formulary drug in light of new clinical evidence;
- adding new utilization management restriction(s) based on a new FDA "black box" warning;
- removal of a drug based on an FDA market withdrawal notice;
- removal of a non-Part D drug mistakenly included on the formulary.
Plans may notify members of maintenance changes at the same time that they submit the changes to CMS for approval.
Non-maintenance changes – Changes to formularies other than maintenance changes require the pre-approval of CMS. These changes can include changing the status of "preferred" vs. "non-preferred" drugs, adding utilization restrictions, or increasing cost sharing (for reasons other than those given for maintenance changes). After providing justification to and receiving approval from CMS, the plan is required to provide members with 60 days written advance notice. Further, members who are already taking the drug in question are exempt from the formulary change for the rest of the calendar year.
It's Always Something . . . . Roseanna Roseannadanna