New Telephone Recording Requirements for Agents / Brokers

Effective 2022 October 1st

We have received many questions recently regarding the Medicare final rule that requires agents to record telephonic conversations with beneficiaries beginning October 1, 2022. My compliance Association, NAHU, spoke with CMS officials from the Division of Surveillance, Compliance & Marketing to gain further insight into the scope of the final rule’s requirements for recording beneficiary phone calls. The recording requirement applies to all agents who enroll beneficiaries into new plans, whether they are current or new clients. The wording of the rule references “marketing” calls, but NAHU confirmed that CMS interprets “enrollment” as “marketing.” Online applications that agents walk through with their clients are also subject to recording.

In addition, the Marketplace is now “suggesting” that we record conversations with individual applicants, as additional proof we have their permission to work with them on a Marketplace application.

In our best effort to comply with Federal Law, we will be recording all incoming and outgoing calls. I have changed our telephone system to one that works with my current client management system, so that the calls are recorded and automatically attached to your record.

As a small agency that gets very busy during the 4th quarter, we cannot afford to miss recording a call and face the consequences. That is why I decided to make it a blanket decision all for incoming and outgoing calls.

Please know that my client management system is protected by multiple layers of security, which we will continue to work to protect, so that your information is safe.

If you have any questions about this please contact us and we will do our best to address your questions and concerns.

Read the detailed rule and federal guideline as a pdf download here.

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