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What is the Scope of Appointment (SOA)?

The Scope of Appointment is a document that outlines the specific topics and types of information that a Medicare sales agent or broker intends to discuss with a Medicare beneficiary during a face-to-face or telephone appointment. It is a critical tool to ensure that the beneficiary understands the purpose of the meeting and has consented to discuss certain Medicare-related topics.

Purpose of SOA:

The SOA process serves several important purposes:

• Ensures that beneficiaries have control over the topics discussed during the appointment, preventing agents from presenting unwanted or unnecessary information.
• Helps prevent instances of coercion or aggressive sales tactics.
• Demonstrates compliance with Medicare regulations, specifically the Medicare Marketing Guidelines.
• Protects beneficiaries by ensuring they only receive information they've agreed to hear about.

When is an SOA Required?

The SOA process is typically required when a Medicare sales agent or broker wants to have a one-on-one, in-person or telephone conversation with a Medicare beneficiary to discuss specific Medicare-related products, such as Medicare supplement plans, Medicare Advantage plans or Medicare Part D prescription drug plans. It's important to note that unsolicited contact without an SOA can lead to penalties.

Completing the SOA Form:

To initiate the SOA process, the agent or broker must provide the beneficiary with an SOA form, which includes the following information:

• Beneficiary's name and contact information.
• Date of the appointment.
• The agent's or broker's name and contact information.
• A list of the specific topics or products that will be discussed during the appointment.

Obtaining Consent:

Before discussing any topics not listed on the SOA form, the agent or broker must obtain explicit consent from the beneficiary. The beneficiary can either agree to discuss the additional topics or decline.

Documenting the SOA:

The agent or broker is required to document the SOA process, including a record of the beneficiary's consent or refusal to discuss additional topics. Documentation is essential for compliance purposes and to provide a record of the beneficiary's choices.

The 48 Hour Rule:

Introduced in the autumn of 2023, the recently implemented 48-hour rule is designed to combat deceptive marketing tactics and safeguard the well-being of beneficiaries. As per the rule, agents are required to furnish beneficiaries with a Scope of Appointment (SOA) form at least two days prior to a scheduled appointment.

To adhere to the rule, beneficiaries must sign the SOA form at least 48 hours before their appointment. However, walk-in appointments and appointments that occur within four days of the end of the enrollment period are exempted from this requirement. It is important to note that Scope of Appointment forms remain valid for a period of up to twelve months from the beneficiary's signing.

Penalties for Non-Compliance:

Failing to adhere to the SOA process and other Medicare marketing regulations can result in penalties, including fines, suspension of sales activities, or revocation of agent/broker licenses.