Terms of Service

MedScan is a pre-submission review tool for Medicare Advantage and Part D marketing materials, operated by Ehlert Marketing LLC. It flags likely violations of the CMS marketing rules (42 CFR Part 422/423 Subpart V) with citations and suggested fixes.

MedScan is not legal advice, and its findings are not a guarantee of CMS or carrier acceptance. Findings are generated with AI and may be incomplete or wrong. You remain solely responsible for the compliance of anything you publish, file, or distribute. Verify findings with your carrier's compliance team or counsel. MedScan is a private service and is not affiliated with or endorsed by Medicare, CMS, or any government agency.

MedScan is currently an invite-only pilot. You must provide accurate account information and keep your credentials secure; you are responsible for activity under your account. Accounts are for a single named user unless your plan says otherwise.

Pilot pricing is as published on the pricing page. Billing does not begin during the pilot, and we will give you clear notice before any charge. Scan quotas apply per plan tier.

You agree to:

• submit only content you have the right to submit;
• not submit Medicare beneficiary information or other protected health information — MedScan reviews marketing materials, not enrollment data;
• not attempt to probe, overload, or circumvent the service's security, quotas, or invite gating;
• not use scan URLs or drift monitors against sites you have no legitimate reason to review;
• not resell or white-label the service without a written agreement.

You own the content you submit. You grant us the limited license needed to operate the service: to store your content, send it to our AI provider (Anthropic) for analysis, and display results and history back to you. We do not use your content to train models and we do not sell it. Handling details are in the Privacy Policy.

This is pilot software. We aim for reliability but do not promise uninterrupted availability, and features may change as the product matures. The compliance ruleset is versioned to the current contract years and updated as CMS rules change; there may be a lag between a regulatory change and a ruleset update.

The service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Without limiting section 1: we do not warrant that scans will identify every compliance issue or that scanned material will be accepted by any carrier or regulator.

To the maximum extent permitted by law, MedScan and its operator will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or business opportunities — including damages arising from regulatory action, carrier rejection, or contract termination related to materials you published. Our total liability for any claim is limited to the amounts you paid us in the twelve months before the claim arose (or $100 if you have paid nothing).

You may stop using MedScan and request account deletion at any time. We may suspend or terminate accounts that violate these terms, with notice where practicable. On termination, your right to use the service ends; data deletion follows the Privacy Policy.

These terms are a contract between you and Ehlert Marketing LLC and are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules. If we make material changes to these terms, we will post the update here with a new effective date and email account holders. Continued use after the effective date constitutes acceptance. Questions: brett@ehlertmarketing.com.