Medicare telesales compliance is not just about what you say. It is also about what your system records, stores, protects, and can produce later.
That matters for call centers, independent agents, field agents, and agencies alike.
CMS updated several requirements for Contract Year 2027, including how long certain call records must be kept. The recording requirement itself, however, is still very much alive.
Before handling Medicare Advantage or Part D sales calls, agents should review their telephony system, scripts, disclosures, retention procedures, and carrier-specific rules.
For a broader overview, see our guide to the 2027 CMS Medicare Advantage and Part D Final Rule.
The old rule was simple, if not especially convenient: retain applicable call recordings for 10 years.
The 2027 framework is more flexible.
Enrollment documentation may still be subject to a separate 10-year retention requirement.
That distinction matters. A call containing both a sales presentation and an enrollment cannot always be deleted after six years.
Bottom line: Six years is not a universal expiration date.
Applicable MA and Part D marketing and sales calls must be recorded in their entirety.
That may include calls involving:
The rule follows the conversation, not the office.
A field agent does not become exempt simply because most appointments happen face to face. Once part of the sales process moves to the phone, recording requirements may apply.
Purely administrative calls may be treated differently, such as confirming an appointment time without discussing plan options. Still, agents should follow carrier and upline guidance rather than relying on a quick judgment call.
Review PSM’s Medicare compliance guide for additional guidance.
One call can wear several hats.
It may begin with a needs assessment, move into a plan comparison, and end with an enrollment.
The marketing and sales portions generally fall under the six-year framework. The enrollment portion may remain subject to the longer enrollment-record retention period.
Before deleting an older recording, confirm whether it also serves as:
Agents should also use approved Medicare enrollment platforms to help maintain a more organized enrollment process.
A compliant telephony system should be able to:
CMS does not endorse one specific vendor.
The brand name on the invoice is not what makes a system compliant. The functionality, configuration, and actual use do.
A basic cell phone, consumer calling app, or entry-level VoIP service may not provide enough control. A record button alone is not a compliance program.
Explore PSM’s technology platform for insurance agents for additional operational resources.
Do not turn recording on halfway through the conversation because “that is when the sales part started.”
Applicable calls should be recorded in their entirety.
Recording should continue through:
Do not pause or disable recording during a required-to-record conversation.
During a transfer, verify that recording remains active or resumes immediately on the approved receiving system. Compliance gaps have a habit of showing up at the least convenient time.
At the beginning of a recorded call, clearly state that the call is being recorded and follow the approved process for obtaining consent.
Agents must also comply with applicable state recording-consent laws.
When a beneficiary does not consent, do not simply turn off the recording and continue the sales conversation.
Appropriate alternatives may include:
For related appointment documentation, review PSM’s Voice Scope of Appointment guidance.
The 2027 CMS rule gives agents more flexibility on the TPMO disclaimer.
Previously, the disclaimer generally had to be delivered within the first minute of the call.
For 2027, the applicable disclaimer must be provided before discussing plan benefits.
That allows an agent to collect basic information or confirm an election period first. It does not mean the disclaimer can be saved for the closing.
Deliver it before discussing details such as:
CMS also removed State Health Insurance Assistance Programs from the required disclaimer language while retaining Medicare.gov and 1-800-MEDICARE.
Update old scripts, email templates, websites, and marketing materials accordingly.
Review PSM’s compliant Medicare sales scripts for additional support.
Required language may include:
When a carrier requires exact language, exact means exact.
Do not shorten it, improve it, personalize it, or give it your own creative spin.
A telephony platform can help by displaying approved scripts, prompting agents at the right moment, and documenting completed steps.
For more examples, review:
Call recordings may contain:
Recordings should be protected with safeguards such as:
Do not store required recordings on personal computers, removable drives, or personal cloud accounts.
And no, emailing yourself a copy is not a records-management strategy.
A call recording should connect to the rest of the client record.
Useful linked information may include:
A CRM solution for insurance agents can help agents maintain a more complete record of the client relationship.
Just remember: A CRM note is not a recording, and a summary is not a transcript.
For more workflow guidance, see How to Manage Leads, Follow-Ups and Cross-Selling Opportunities.
Recordings may be requested during:
Agents should be able to search by:
Some requests may require a response within 24 hours.
A recording you cannot locate is only slightly more useful than one you never made.
Test your retrieval process before an auditor does it for you.
A missing, incomplete, or corrupted recording should be documented and reported immediately.
Record:
A carrier or upline may request:
Do not recreate a recording, conceal the failure, or alter system logs.
PSM-affiliated agents can access additional Medicare agent resources and contact their marketer for support.
Before conducting MA or Part D telesales, confirm:
☐ Calls can be recorded inbound and outbound
☐ Both sides of the conversation are captured
☐ Recording continues through holds and transfers
☐ The recording disclosure is delivered
☐ The TPMO disclaimer is provided before benefits
☐ Current scripts are available
☐ Audio is retained for years one through three
☐ Audio or complete transcripts can be retained through year six
☐ Enrollment records are identified separately
☐ Recordings can be retrieved quickly
☐ Failures are documented and reported
☐ Carrier-specific rules have been reviewed
Include this review in your annual Medicare compliance training.
For Contract Year 2027:
The technology helps, but the agent remains responsible.
Review your system now, update your scripts, test your recordings, and make sure you can retrieve them without launching a company-wide scavenger hunt.
Explore PSM’s insurance agent education and training resources for more Medicare compliance and sales guidance.
Important notice: This article is intended for licensed insurance professionals and provides general educational information. It is not legal advice or consumer-facing marketing material. Always follow current CMS guidance, carrier instructions, applicable state law, and your upline’s compliance procedures.