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.
What Are Carriers
Requiring?
The chart below provides a high-level overview of carrier requirements. We highly encourage you to read each carrier's full announcement as there may be more important information for you to know. To do so, just click on the carrier name. There has been some confusion around these new regulations. Many carriers have announced their interpretation of these new regulations and their requirements may differ.
Carrier
Carrier Solution
Provided?
Record Face-to-Face
Meeting
Record Virtual
Meeting
Recording Disclaimer
Required
Yes
Yes
No
Yes
Yes
Yes
Unspecified
No
Yes
Yes
No
No
Yes
Yes
No
No
Yes
Yes
No
No
Yes
Yes
No
No
Yes
Yes
Unspecified
No
Yes
Yes
No
Yes*
Yes
Yes
No
No
Yes
Yes
No
Yes*
Yes
Yes
Unspecified
No
Yes
Yes
No
Yes
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.
Because some carriers require the recording of Zoom or other virtual platforms and others do not, we suggest that you record these meetings regardless on the chance that you talk about multiple carriers in an enrollment conversation.
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