CMS has received feedback from stakeholders, including state departments of insurance, and members of congress, expressing concern that MA and Part D enrollment forms are not being 3 made readily available to Medicare beneficiaries, or being overly difficult to obtain by requiring Medicare beneficiaries to input information or navigate through several prompts and screens including decision making tools to access an enrollment form. We understand that certain features, like decision making tools, may help a beneficiary in their decision-making process, however, CMS cautions MA plans and Part D sponsors that such barriers could be viewed as misleading or confusing, as prohibited under 42 C.F.R. §§ 422.2262 and 423.2262. Moreover, if a decision-making tool only offers a subset of the MA or Part D plan’s selections available, it could run afoul of the requirement under §§ 422.2265(b)(14) and 423.2265(b)(15) to include enrollment instructions and forms on the plan’s website. A best practice for MA plans and Part D sponsors is for the website to include a direct link to applications for those beneficiaries wanting more direct access to enrollment forms. CMS may conduct surveillance activities to monitor compliance with these requirements and address any identified deficiencies.