Updated: Nov 24
CMS released their 2023 final rule which includes two requirements that will have a significant impact on independent agents and brokers who sell Medicare Advantage and/or Part D plans.
Marketing guideline changes are for calendar year 2023 and beyond. They went into effect October 1, 2022, just before the start of the 2023 Annual election Period for Medicare Advantage and Part D plans.
New Disclaimer Requirement
“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 your options.”
New Call Recording Requirement
Agents and brokers will need to record all sales calls with beneficiaries in their entirety including the enrollment process. The recording must be retained in a HIPAA compliant manner for 10 years. This will apply to new and existing clients.
What is considered a sales call?
Anything that falls under the “chain of enrollment” which is defined as the events from the point when a beneficiary becomes aware of an MA/MAPD plan to the end of the enrollment process is considered a sales call. Currently in person, face to face marketing and sales appointments are excluded from the recording rule.
If you have any questions about this or the process of enrolling in a Medicare plan, make sure you contact an established agent who specializes in Medicare plans.