What Has Changed?
In the second quarter of 2022, the Centers for Medicare and Medicaid Services (CMS) published its 2023 Final Rule. The Final Rule announces changes that have been made to existing marketing and communication requirements for both Medicare Advantage and Part D plans. These new provisions are effective October 1, 2022 and apply to any marketing or communications occurring October 1, 2022 and later. While interpretation may vary, some of the main points of the Final Rule and subsequent changes are as follows:
Calls with beneficiaries in regard to the enrollment process must be recorded in their entirety.
Call recordings must be retained for a minimum of ten years.
The following disclaimer must be given within the first minute of each phone call- “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.”
Member PHI and PII must be protected, and storage of calls must meet security requirements.
Additional Notes
Carrier requirements may change without notice. Please check with your carrier for the most up-to-date information.
If you are using a carrier provided recording system, many carriers require you to end the recording and switch to a different recording system if you begin talking about another carrier plan.
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