CMS Call Recording Guidelines For 2023
The new CMS Call Recording guidelines are here for the 2023 enrollment period! Starting October 1st, 2022, all Medicare agents will need to abide by these guidelines for any interactions where Medicare Advantage or Part D plans are discussed. These guidelines include:
- Recording all calls, for clients AND prospects
- Storing calls for 10 years in a HIPAA-compliant manner
- Using standard disclaimers
This is going to have a massive impact on your prospecting and enrollments. Here is what you need to know and how to stay compliant.
Why CMS Made New Call Recording Guidelines
As with most regulatory changes, the new CMS call recording guidelines are a result of a few bad apples. Last year, CMS reported over 39,000 CTMs (complaints to Medicare), which are essentially allegations of misconduct
Shockingly, 70% of CTMs came from large call centers of third-party marketing organizations (TPMOs). The TPMOs used extremely misleading ads to funnel customers into a call center, where they would be pressured into changing their health plan.
The problem? The TPMOs would often promise plans that didn’t cover the customer’s prescriptions, primary care provider, or even any doctors in their area.
As a result, CMS not only cracked down on the call centers, but also made a sweeping change: all independent agents are now considered TPMOs. That’s right, a single agent now has to abide by the same regulations as a multi-million dollar call center.
What This Means For Independent Agents
So what will agents need to do in order to stay compliant with CMS? Let’s check out the details:
Using a Disclaimer
As of October 1st, 2022, every call will need to have this standard disclaimer in the first 60 seconds:
“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 of your options.”
Pretty awkward, right?
But wait, there’s more! You’ll also have to use this disclaimer prominently in your:
- Electronic communication (email, online chat, etc)
- Marketing materials
- Website
Recording Your Calls
After that awkward disclaimer, you will need to record all of your calls with your clients and prospects. And then you will have to store all of those recordings for ten years.
“But what about personal calls?” you might be thinking. Like most people in the 21st century, you probably use a cell phone to make calls. Well, you’ll have to get a separate number with call recording and storage.
What About Texts and Emails?
The CMS Final Rule means that you will have to keep ALL of your interactions, including text messages and emails. So if you’re trying to only work off your cell phone and your texts get deleted—you could be in for some big trouble.
How To Stay Compliant With CMS Call Recording Guidelines
Seems like an expensive and time-consuming process to comply with the CMS call recording guidelines, doesn’t it? Don’t worry, there is a great solution for agents.
As an FMO with decades of experience, RB Insurance Group has been preparing for this new change. Our agents get free access to a complete virtual call center, the Medicare Sales Engine, that solves this problem.
The Medicare Sales Engine:
- Records and stores every call
- Can play a recorded disclaimer before your calls
- Saves your text messages and emails
In addition to great technology, RB Insurance Group also offers in-depth help on remaining compliant. Rob Bever, our chief compliance officer, not only trains agents on compliance but also helps you deal with any CTMs you may receive.
Conclusion
Even though they seem intimidating, the new CMS call recording guidelines are nothing to be afraid of. Eliminating the false promises from shady TPMOs will allow consumers to trust Medicare agents again.
And if you need the technology, training, and support to be ready for October 1st, give us a call at 1-800-997-3107 or fill out our contracting form. We would love to show you how RB Insurance Group can help you grow your Medicare business and build the lifestyle you deserve.
