Call Recording and Retention Requirements for Medicare Sales (CMS 10-Year Rule Explained)

If you sell Medicare Advantage (MA), MAPD, PDP, or other similar benefit (OSB) products, CMS requires you to record and retain specific sales calls for 10 years.

This compliance bulletin explains:

• Which Medicare calls must be recorded
• What qualifies as the “chain of enrollment”
• How long recordings must be retained
• What happens if a call is not recorded
• What to do if a client refuses recording

These rules apply to all agents, not just call centers. If you conduct even one telephonic or virtual sales call, you are subject to CMS call recording regulations.

CMS Call Recording Requirements for Medicare Sales

Under CMS regulations, Medicare Advantage Organizations and their agents, brokers, and Third-Party Marketing Organizations (TPMOs) must record:

• All inbound calls
• All outbound calls
• All telephonic sales calls
• All virtual sales meetings (Zoom, FaceTime, Skype, etc.)
• Any call related to marketing, sales, or enrollment activity

Official CMS regulation:
https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-V

These requirements apply to all marketing and enrollment activity tied to Medicare Advantage and Prescription Drug Plans.

CMS 10-Year Call Retention Requirement

CMS requires that all calls considered part of the “chain of enrollment” be retained for 10 years.

Official regulation:
https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-K/section-422.504

This 10-year retention rule applies whether you are:

• An independent Medicare agent
• A captive agent
• A call center representative
• An FMO, GA, or upline
• A TPMO

There are no exceptions based on volume. One call triggers the requirement.

What Types of Calls Must Be Recorded?

Telephonic Sales Calls

All phone calls related to marketing, sales, or enrollment must be recorded.

Virtual Medicare Sales Appointments

If you conduct a virtual meeting using Zoom, FaceTime, Skype, or another platform:

• The audio must be recorded in full
• The video portion is not required

Web-Based Enrollment Platforms

If voice communication occurs during a web-based enrollment process, the call must be recorded.

Which Medicare Products Are Covered?

The CMS call recording requirement applies to:

• Medicare Advantage (MA)
• Medicare Advantage Prescription Drug (MAPD)
• Prescription Drug Plans (PDP)
• Other Similar Benefit (OSB) products

It does not apply to Medicare Supplement (Medigap) or ancillary products unless carrier-specific rules require it.

What Is the “Chain of Enrollment”?

CMS defines the “chain of enrollment” as all steps taken by a beneficiary from initial awareness of a Medicare plan to making an enrollment decision.

This includes, but is not limited to:

• Lead generation calls
• Appointment scheduling
• Collecting a Scope of Appointment (SOA)
• Educational presentations (if plan-specific discussion occurs)
• Needs assessments
• Sales presentations
• Medication and pharmacy review calls
• Provider network discussions
• Telephonic enrollments
• Calls regarding Extra Help, LIS, or Dual eligibility (pre-enrollment)
• Transfers between licensed agents and non-licensed representatives

Important: This list is not exhaustive. If a call influences the enrollment decision, it likely qualifies as part of the chain of enrollment.

If multiple calls occur prior to enrollment, each call must be recorded.

Pre-Enrollment vs. Post-Enrollment Calls

Pre-Enrollment Calls — Recording Required

All calls that occur before enrollment and are part of the chain of enrollment must be recorded.

Post-Enrollment Calls — Recording Not Required (With Limitations)

Calls occurring during post-enrollment follow-ups (3/30/60/90-day calls) do not require recording if they do not result in a potential plan change.

If a plan change is discussed, recording may be required.

Are LIS and Dual Eligibility Calls Required to Be Recorded?

Pre-Enrollment: Yes

If the discussion impacts plan selection or enrollment, it must be recorded.

Post-Enrollment: No

If it is purely service-related and does not involve a plan change.

What If You Fail to Record a Required Call?

CMS requires 100% compliance for calls in the chain of enrollment.

If a call fails to record:

1. Notify agency leadership and/or the carrier immediately
2. Conduct a root cause analysis
3. Determine how many calls were impacted
4. Provide a written explanation
5. Implement corrective measures

If missing recordings are discovered, they must be reported to carrier partners within 48 hours of discovery.

Agents should conduct regular internal audits to confirm:

• All required calls are recorded
• Files are retrievable
• Storage systems are secure

What If a Client Refuses to Be Recorded?

You must inform the beneficiary that call recording is a CMS requirement.

If the client still refuses:

• End the call
• Schedule a face-to-face appointment
• Conduct the enrollment process in person

You may not proceed with telephonic enrollment without recording.

Call Recording Storage Requirements

CMS does not mandate a specific file format. However, best practice is to store recordings in commonly accessible formats such as:

• .WAV
• .MP3

Recordings must:

• Be securely stored
• Be accessible upon request
• Be retained for the full 10-year period

Can CMS, Carriers, or Uplines Request Recordings?

Yes.

Carriers, CMS, and uplines have oversight obligations and may request copies of any call in the chain of enrollment.

You must be able to provide recordings typically within 24 to 48 hours.

Failure to produce recordings may result in:

• Compliance action
• Contract termination
• Potential CMS reporting

Agent and Agency Compliance Responsibilities

It is your responsibility to:

• Understand CMS telephonic sales regulations
• Ensure agents in your hierarchy are compliant
• Distribute compliance guidance to downlines
• Follow all carrier-specific call recording requirements

Always refer to carrier job aids, training materials, and compliance updates for additional guidance.

Important Compliance Notice

This Compliance Bulletin is intended strictly for licensed agent use only.

Do not distribute to clients, prospects, or unauthorized individuals.

If you sell Medicare Advantage, MAPD, PDP, or OSB products telephonically or virtually, call recording and 10-year retention are mandatory under CMS regulations. Compliance is not optional — it is a regulatory requirement tied directly to your ability to sell Medicare plans.

Stay Compliant. Stay Protected. Partner with PSM Brokerage.

Medicare compliance is not optional — and call recording requirements are just one piece of the regulatory landscape agents must navigate.

At PSM Brokerage, we help agents stay ahead of CMS regulations with:

• Ongoing compliance updates
• Carrier-specific guidance and job aids
• Training on telephonic and virtual sales best practices
• Operational support for Medicare Advantage, PDP, and ancillary products
• Leadership you can call when questions arise

If you’re selling Medicare plans and want a partner that prioritizes compliance, structure, and long-term growth, let’s talk.

👉 Schedule a conversation with PSM Brokerage today and make sure your sales process is built on a compliant foundation.