Medicare Blog | Medicare News | Medicare Information

Monday, May 9, 2022, was just an ordinary day for most individuals across the land. Now for those of us in the business of health insurance, we were presented with news that will change the dynamic of the entire industry.

On that day, the Centers for Medicare and Medicaid Services (CMS) released its 2023 Final Rule, and in this extensive document, there are two important guidelines we’d like to highlight in a more simplified manner.

New Required Disclaimer

This disclaimer must be:

• Verbally conveyed within the first minute of a sales call.
• Electronically conveyed when communicating with a beneficiary through email, online chat, or other electronic means of communication.
• Prominently displayed on Third Party Marketing Organization (TPMO) websites.
• Included in any marketing materials, including print materials and television advertisements, developed, used or distributed by the TPMO.
  

Aside from that, this disclaimer needs to be added to any previously approved materials and resubmitted to CMS for approval.

Calls With Beneficiaries Must Be Recorded

Agents making calls to beneficiaries must record ALL calls in their entirety. In addition,
TPMOs must retain and make the recordings available upon request for a minimum of 10 years. You may ask, at which stage of the sales process or enrollment will a recording need to be started? Here is your answer.

This includes calls that are part of the chain of enrollment into a Medicare Advantage or
Part D Plan (the steps a beneficiary takes from becoming aware of a Medicare plan or plans to conducting enrollments over the phone), as well as post-enrollment telephonic discussions.

This rule applies to telephonic conversations only, not face-to-face meetings. The YourMedicare team was well aware of this change and immediately took action in
implementing the resources needed to comply with these new requirements.

 

This is just the beginning of what is to come. As new information becomes available, we’ll keep you updated on all new enhancements, news and more specific details
relating to the 2023 CMS Final Rule and the YourMedicareSunFire recording functions.

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Additional Resources: Medicare Advantage / PDP Certifications Quoting and Enrollment Platforms 14 Ways to Generate Medicare Leads Guide to Dual Special Needs Plans (DSNPs) Understanding Medicare Marketing Guidelines How to Sell Hospital Indemnity Plans