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Details
CMS defines Third-Party Marketing Organizations (TPMOs) as: “Organizations and individuals, including independent agents and brokers*, who are compensated to perform lead generation, marketing, sales, and enrollment related functions as a part of the chain of enrollment.” This means you as brokers/agents must adhere to all CMS’ TPMO rules and guidelines.
Most Commonly used TPMO:
The majority of agents will use this TPMO disclaimer as they don’t represent every single plan in their area:
"We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) to get information on all of your options."
If you need assistance calculating the number of organizations and plans you represent, Spark has a tool HERE.
CMS TPMO rules and guidelines
When is the TPMO Disclaimer Required?
- Your Website
- All Marketing Materials
- The TPMO disclaimer is required on all marketing materials including print and TV/Radio Ads
- Email/Chat/other Online Means of Communications
- CMS rules day the TPMO disclaimer must be “electronically conveyed when communicating with a beneficiary through email, online chat, or other electronic means of communication”. It’s best practice to make the disclaimer part of your email signature to ensure you are compliant.
- Sales Call- Within the first minute
- The TPMO disclaimer is required to be verbally conveyed within the first minute of a sales call.
Record calls with beneficiaries in their entirety
CMS requires all marketing, sales, and enrollment calls to be recorded in their entirety. This includes virtual calls/meetings with beneficiaries (Zoom, WebEx, etc.). Marketing calls include retention marketing aimed at influencing a beneficiary to stay enrolled in a current plan and calls that mention ANY benefits (e.g. dental, vision, hearing, premium reduction, cost savings, etc.) Click HERE to see Spark’s Call Recording Feature.