CMS has new marketing rules and guidelines that will impact how you work as an agent. One of the new rules, effective October 1, 2022, requires all sales calls with beneficiaries to be recorded in their entirety. This applies to all third-party marketing organizations including independent agents and brokers.
What is the New Call Recording Requirement?
- Recording of all inbound and outbound sales calls along the full chain of enrollment including lead generation, marketing, and the enrollment process
- Includes prospective clients and existing clients
- Applies to calls for MA, PDP and MAPD plans
- Recordings must be saved in a HIPAA compliant manner and be accessible for 10 years
In addition to the recording requirement, this CMS required disclaimer must now be verbally conveyed within the first minute of a sales call:
"This call is being recorded. 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.”
Do you need additional information? Our Frequently Asked Questions sheet will help you understand how this change applies to you.
We Can Help You Be Compliant
Western Asset Protection is making call recording capability available to our Agencies and Agents. Our parent company, Integrity is building call recording capability within MedicareCENTER. Here are the details.
This convenient call recording technology will be FREE for all of Western Asset Protection’s downline independent agents and brokers.
The recording capabilities will include:
- Inbound and outbound call recording with store and download solutions
- Call recording storage for 10 years as required by CMS
- CMS required disclaimer for the beginning of each prospect call
Other Options Are Available
There is no requirement to use MedicareCENTER. You may choose to use a different vendor if you prefer. Keep in mind that if you do use a different vendor, you are responsible for entering into an agreement with that vendor and paying them directly.
Before entering into an agreement here are some questions you should ask:
- Are the call recordings stored in a HIPAA-compliant manner?
- Are the call recordings saved and accessible for 10 years? (CMS requirement)
- Can you change your plan anytime?
- What type of commitment is required?
Here are some additional options for vendors that provide digital call recording. While not a comprehensive list, it is a good place to start. You will need to vet these options to ensure they meet your needs. This article is not an endorsement of their services.
- 5 Best Call Recording Apps for iPhone
- MightyCall
- NoNotes
- TapeACall Pro
- Just Press Record
- Call Recorder Lite
- RecMyCalls
- Versadial
- 8x8
- RingCentral
- Nextiva
Educate Your Clients About What to Expect
Avoid awkward situations by explaining this new rule to your clients ahead of your sales calls. Tell them that if you meet remotely, you are requirement to record the call – and that this is a new CMS requirement that applies to all agents and agencies. If they are not comfortable with being recorded, offer to meet them in-person.
Also warn your clients to watch out for any agent who calls them on the phone and does not ask for permission to record the call. This is a red flag that they are talking with someone who is not compliant with the rules. Encourage them to call you anytime they have any questions.
Remember That We’re Here For You
There’s a lot to know about the new CMS call recording requirements and it’s important that you make sure you are compliant with the new rules. We are here to help. Contact us today. Your success is our business.
