Wisconsin independent insurance agents operate under the oversight of the Wisconsin Office of the Commissioner of Insurance — a regulator with a specific, well-documented Medigap advertising provision that creates a hard stop for any agent marketing Medicare Supplement products without full compliance with Wisconsin's Medigap framework. Wisconsin OCI Chapter Ins 3 is the operative advertising standard, and agents who don't understand its Medicare Supplement provisions are operating with significant compliance exposure. This guide covers what Wisconsin agents actually need to know, verified against the Wisconsin Administrative Code and current OCI guidance.
Regulatory Authority
The Wisconsin Office of the Commissioner of Insurance (OCI) is the primary regulatory authority for insurance advertising and marketing in Wisconsin.
Primary citations governing Wisconsin insurance advertising:
- Wis. Stat. § 628.34 — unfair methods of competition and unfair or deceptive acts in the business of insurance
- Wis. Stat. § 628.347 — advertising requirements for Wisconsin-licensed producers
- Wis. Admin. Code Ins 3.39 — Medicare Supplement insurance advertising and marketing standards — the most critical provision for Wisconsin agents
- Wis. Admin. Code Ins 3.39(24)(g) — the specific hard stop provision governing use of Medicare Supplement terminology in advertising
Overall severity profile: Moderate-High for Medicare Supplement advertising — the Ins 3.39(24)(g) hard stop creates BLOCK-level risk for any non-compliant Medigap marketing content. Moderate for standard advertising.
OCI Bulletins: https://oci.wi.gov/Pages/Regulation/Bulletins.aspx
OCI Rules and Regulations: https://oci.wi.gov/Pages/Regulation/RulesRegulations.aspx
OCI Agent Licensing: https://oci.wi.gov/Pages/AgentsHome.aspx
The Wisconsin Medigap Hard Stop — The Most Important Rule Wisconsin Agents Need to Know
Wis. Admin. Code Ins 3.39(24)(g) is the single most distinctive advertising compliance provision in Wisconsin insurance law. Here is exactly what it says and what it means for agents.
What Ins 3.39(24)(g) Actually Requires
The operative text of Wis. Admin. Code Ins 3.39(24)(g) states that the terms "Medicare Supplement," "Medigap," "Medicare Wrap Around," and "Medicare Advantage Supplement" and words of similar import may not be used in any materials including advertisements unless the policy or certificate is issued in compliance with Wisconsin Admin. Code Ins 3.39.
What This Means in Practice
Any agent-generated marketing content that uses the words "Medigap," "Medicare Supplement," "Medicare Wrap Around," or similar terminology in Wisconsin must be backed by a policy that fully complies with the entire Wisconsin Medigap regulatory framework under Ins 3.39.
This is not a warning-level flag. It is a per-se violation. Using the word "Medigap" in a social post, email, newsletter, or any other marketing material for a product that does not comply with Ins 3.39 is a compliance violation regardless of whether any other rule is followed correctly.
The Practical Compliance Position for Wisconsin Agents
Before generating any Medicare Supplement marketing content for Wisconsin distribution, confirm that the underlying policy complies with Wis. Admin. Code Ins 3.39 in its entirety. If the policy is a federally standardized Medigap plan issued by a carrier licensed in Wisconsin under a Wisconsin-compliant policy form — the terminology is permissible.
If there is any question about whether the underlying policy form fully complies with Ins 3.39 — do not use the restricted terminology until the carrier confirms compliance in writing.
Wisconsin OCI also prohibits twisting, high-pressure tactics, and cold lead advertising specifically in Medigap marketing under Ins 3.39(24). These additional prohibitions apply on top of the standard advertising rules.
Required Disclosures — Exact Mandated Language
Agent Identification — All Advertising
Every piece of insurance advertising by a Wisconsin-licensed agent must include the agent's full name and Wisconsin license number.
Required format:
[Agent Full Name], Licensed Insurance Agent, WI License #[XXXXXXXX]
Medicare Supplement Disclosure — BLOCK Level
All Medicare Supplement advertising in Wisconsin must include the CMS non-endorsement disclaimer without exception.
Required exact language:
Medicare Supplement insurance plans are not connected with or endorsed by the U.S. Government or the Federal Medicare program.
Wisconsin Medigap Plan Structure Disclosure
Under Wis. Admin. Code Ins 3.39(24), Wisconsin Medicare Supplement marketing content that references specific plan letters must include disclosure of Wisconsin's specific Medigap plan structure. Wisconsin is one of a small number of states with a state-standardized Medigap framework that differs from the federal standardized plan letters in certain respects. Agents marketing specific Medigap plan letters in Wisconsin should verify that the plan letter references in their content accurately reflect Wisconsin's available plan structure.
Company Identification
Wisconsin agents advertising specific insurance products must clearly identify the insurer whose product is being advertised.
Prohibited Language and Claims
The following content is prohibited in Wisconsin insurance advertising under Wis. Stat. § 628.34 and Wisconsin Admin. Code Ins 3:
- Using "free," "no cost," or similar terms to describe premium-funded benefits without full disclosure.
- Implying government endorsement or sponsorship of any insurance product.
- Rate or premium claims without disclosing that individual rates vary.
- Using "savings" or "save money" without a specific documented basis.
- Claiming "guaranteed approval" or "guaranteed issue" without fully disclosing eligibility conditions.
- Omitting material exclusions, limitations, or waiting periods from benefit-focused advertising.
- Making comparison claims without ensuring substantially similar coverage and citing the comparison date.
- Using "expert" or "specialist" designations without holding the credential — specifically enforced by Wisconsin OCI.
- Using testimonials that make atypical claims without a clear disclaimer.
- Fabricating or materially altering testimonials — BLOCK-level violation.
- Twisting — misrepresenting the terms of an existing policy to induce a policyholder to lapse or surrender — specifically prohibited under Wis. Admin. Code Ins 3.39(24) for Medigap marketing.
- High-pressure tactics in Medigap marketing — specifically prohibited under Ins 3.39(24).
Rate and Price Advertising
Wisconsin follows the NAIC Model #40 baseline for rate advertising:
- Specific premium amounts must be accompanied by disclosure that rates vary based on individual underwriting factors.
- Medicare Advantage $0 premium advertising requires genuine $0 premium, specific plan and county identification, and availability disclosure.
- ACA premium advertising must disclose estimates based on subsidy eligibility.
- Life insurance premium quotes must specify term versus permanent and disclose key underwriting factors.
Social Media Compliance
OCI applies the same advertising standards to social media as to all other channels:
- All social media profiles used for insurance marketing must include agent name and Wisconsin license number.
- Targeted ads must include agent identification in ad copy itself.
- Stories, Reels, and short-form video with product references are treated as advertising.
- Reshared client reviews become the agent's advertising.
- The Ins 3.39(24)(g) Medigap hard stop applies to social media content — using restricted Medicare Supplement terminology in social posts without underlying policy compliance is a per-se violation.
Recordkeeping Requirements
Wisconsin-licensed producers must maintain records of all advertising materials:
- Maintain all advertising materials for a minimum of three years from the date last used.
- Document compliance review for each piece of advertising.
- For Medicare Supplement advertising specifically, maintain documentation confirming the underlying policy complies with Wis. Admin. Code Ins 3.39.
- Maintain records of carrier or FMO approval for advertising materials.
- Keep consent records for SMS marketing campaigns.
Continuing Education
Wisconsin requires licensed producers to complete continuing education for license renewal. Current CE requirements are maintained by OCI at: https://oci.wi.gov/Pages/AgentsHome.aspx
State-Specific Quirks Wisconsin Agents Should Know
- The Wis. Admin. Code Ins 3.39(24)(g) Medigap hard stop is the single most distinctive compliance requirement in Wisconsin — covered in full above. It is the provision most commonly missed by multi-state agents entering the Wisconsin market.
- Wisconsin has not adopted a Medigap birthday rule as of June 2026. Unlike Virginia, Indiana, and California, Wisconsin does not provide a birthday-window guaranteed-issue switching right for Medigap policyholders.
- Wisconsin has adopted NAIC Model #275 annuity best-interest standards. Wisconsin agents selling annuities must comply with best-interest obligations, disclosure requirements, and documentation standards.
- Wisconsin rebating rules are enforced under Wis. Stat. § 628.34. Offering anything of value as an inducement to purchase insurance is prohibited.
Where to Verify — Official Wisconsin Regulatory Sources
OCI Bulletins: https://oci.wi.gov/Pages/Regulation/Bulletins.aspx
OCI Rules and Regulations: https://oci.wi.gov/Pages/Regulation/RulesRegulations.aspx
OCI Agent Licensing: https://oci.wi.gov/Pages/AgentsHome.aspx
OCI Press Releases: https://oci.wi.gov/Pages/PressReleases/PressReleases.aspx
Wisconsin Admin. Code Ins 3.39: https://docs.legis.wisconsin.gov/code/admin_code/ins/3/39
How ACC Handles Wisconsin Compliance Automatically
Wisconsin agents using the Agency Command Center have every piece of Medicare Supplement marketing content checked against Wis. Admin. Code Ins 3.39(24)(g) before it goes out. The compliance engine validates that restricted Medicare Supplement terminology is only used in content backed by Ins 3.39-compliant policies — the hard stop that Wisconsin OCI enforces. Standard advertising rules are applied automatically. Agent identification is injected. Medicare disclaimers are enforced at the BLOCK level. Every decision is logged in a timestamped audit trail.
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Compliance information on this page is provided for educational purposes based on publicly available regulatory sources and does not constitute legal advice. Regulatory requirements are subject to change. All compliance rules should be independently verified against current primary sources before being relied upon. Last updated June 2026.
Sources: Wis. Stat. § 628.34 | Wis. Stat. § 628.347 | Wis. Admin. Code Ins 3.39 | Wis. Admin. Code Ins 3.39(24)(g) | NAIC Model #40 | NAIC Model #275 | CMS Publication 100-16 Chapter 3 | FTC 16 CFR Part 255 | OCI https://oci.wi.gov