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Lead Generating Activities
Lead forms including Business Reply Cards (BRC) and Permission to Contact (PTC) forms
Both must adhere to all CMS’ requirements, including but not limited to
- Cannot require age, date of birth, health status questions, or any other information outside of the necessary contact information, on lead forms and websites used to generate MA/PDP leads.
- Ensure beneficiary is clearly informed before completing the form that it will result in call(s) from licensed sales agent(s) and include all applicable consent language as mandated by the TCPA, FTC, FCC, and HIPAA. This disclosure must be conspicuously placed.
- Business Reply Cards(BRC) and Permission to Contact (PTCs) expire after 12 months following the beneficiary’s signature date.
- Must disclose to the beneficiary that their information will be provided to a licensed agent for future contact. This disclosure must be provided:
- Verbally when communicating with a beneficiary through telephone.
- In writing when communicating with a beneficiary through mail or other paper.
- Electronically when communicating with a beneficiary through email, online chat, or their electronic messaging platform.
NEW 2025 CMS Final Rule changes to Lead Generation Forms
The 2025 CMS Final Rule states that beneficiary information collected may only be shared with another agent/TPMO if the beneficiary has given written permission to do so. This necessitates a change in verbiage on PTC/BRC and any other Lead Generation Form. Here is the disclaimer Spark recommends for use on any Lead Generation form:
“By providing your name and contact information you are consenting to receive sales and marketing calls, text messages and/or emails from the licensed insurance agent listed on this form about Medicare Plans at the number provided, and you agree such calls and/or text messages may use an automated system for the selection or dialing of telephone numbers, automated voice calls, AI generative voice calls, pre recorded messages played when a connection is made, or pre recorded voicemail messages, even if you are on a government do-not-call registry. These calls are for marketing purposes and cellular charges may apply. This agreement is not a condition of enrollment and you can change your permission preferences at any time by contacting the agent listed on this form. “