CMS issued a final rule, with two specific changes impacting independent field agents. These changes will go into effect October 1, 2022 for plan year 2023. They were implemented largely because of an increase in consumer complaints to Medicare over the last several years.
(1) Call recording
- Rule states that agents must “record all calls with beneficiaries in their entirety, including the enrollment process” within the chain of enrollment.
- The chain of enrollment can be defined to any aspect of the enrollment, including first contact with a lead all the way through the actual enrollment.
- As a best practice, record all of your phone calls and store them for at least 10 years.
(2) TPMO Disclaimers
- Third-party marketing organizations (TPMOs), which includes agents and agencies must issue the disclaimer below on all marketing materials (websites, and marketing materials: TV, print, radio, lead cards, emails, etc.)
- The disclaimer can be provided verbally, electronically, or in writing (and provided verbally on calls within the first minute).
- Disclaimer: "We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options."