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On May 9, 2022 CMS put into place the following rules for marketing and communications with regard to offering Medicare Advantage and Prescription Drug Plans for 2023.
When marketing Medicare Advantage and Prescription Drug Plans the following language must include:
“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.”
The message above must be:
If you're using marketing materials this AEP be sure to update them or request marketing materials from us with the disclaimer above. It's crucial to be compliant and be sure to follow the rules put forth by CMS.
You are NOT required to use the disclaimer when meeting with a Medicare beneficiary in person, if you only sell plans on behalf of one carrier, OR if you sell plans on behalf of more than one carrier and you sell ALL commercially available MA or PDP plans in a given service area. Additionally, it's always best to include “Not connected with or endorsed by the United States government or the federal Medicare program.” on any marketing materials you use.
Learn more about the CMS Communications & Marketing Guidelines.
Download the Agent Dos & Dont's from CMS.
Additionally, recording of all phone interactions between agents and consumers discussing MA and PDP must take place and recordings must be stored for 10 years. You should record ALL calls in their entirety beginning on October 1, 2022.
You must record all your calls with every beneficiary in their entirety. This includes all inbound and outbound calls including lead generation, marketing and the enrollment process. If you call an existing client or receive a call from an existing client and you believe that the call may lead to enrollment, then you should record the call from the outset. This can include: lead generation, marketing, discussing different plans, mid-year reviews, Medicare educational discussions on options, annual check-ins, or any other topic that involves the selling/enrollment of a Medicare Advantage or Prescription Drug plan.
Many states require that consumers be notified that their call is being recorded. As a best practice you should tell the consumer at the start of each call that the call is being recorded and explain to them why the Centers for Medicare & Medicaid Services has put this rule into effect. Make sure the notification is documented on the recording. If a consumer stays on the line, they have consented to the recorded call. If they don't wish to be recorded, then it's best to politely end the conversation.
“I understand that you may not wish to be recorded; however, new government regulations require certain calls with Medicare beneficiaries be recorded. In order for me to my due diligence and be compliant I must get your permission to record our conversation. The purpose of this rule is to ensure that the information that I give you is accurate.”
Read more about the CMS rule here...
How am I going to record my calls?
New call recording capabilities will be available in MedicareCENTER and will include the following:
What else can you do in MedicareCENTER ?
By utilizing our MedicareCENTER, you will be compliant and will have access to all of your clients' information. To learn more and get registered for MedicareCENTER, please visit our MedicareCENTER page.
Should you choose to use a different vendor for your call recording, please keep in mind that you are responsible for entering into an agreement with that vendor and paying for their service.
If you have questions about this CMS rule, please reach out to us for further information.
Carolyn Portanova is the Director of Marketing at The Brokerage Resource and has been with the firm since 2012.
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