fbpx
Understanding CMS & FCC One-to-One Consent Regulations: What Agents Need to Know

Understanding CMS & FCC One-to-One Consent Regulations: What Agents Need to Know

Understanding CMS & FCC One-to-One Consent Regulations: What Agents Need to Know
Comments

If you’re in the business of working with consumer leads, there are new rules you need to be aware of. CMS’s new one-to-one consent regulations and the FCC’s one-to-one consent rules. Both regulations are rolling out, and they will impact how agents and TPMOs (Third-Party Marketing Organizations) can contact consumers. Here’s what you need to know.

CMS One-to-One Consent Regulations (CMS-4205-F)

Starting Date: October 1, 2024

What is it? The CMS (Centers for Medicare & Medicaid Services) is implementing a new rule requiring TPMOs to obtain consumers’ express written consent before sharing their information with another TPMO.

Why should this matter to me as an agent?

After October 1, 2024, if you want to make outbound calls, you’ll need to have a lead that includes a CMS-compliant One-to-One consent.

For inbound warm transfers, it’s a bit different. The lead company needs to have written consent from the consumer, but they can get a one-time real-time verbal consent to transfer the call to another TPMO. The key is that this verbal consent must be recorded and must clearly state the TPMO’s name. It cannot be a generic, “We’re transferring you to an available agent.”

Can I share information with another TPMO?

No. The CMS rule explicitly restricts sharing consumer information with affiliates or other entities unless you have prior written consent from the consumer.

Does this affect inbound calls?

Nope! Direct inbound calls aren’t affected by this regulation.

FCC One-to-One Consent Regulations

Starting Date: January 27, 2025

What is it? The FCC (Federal Communications Commission) has its own set of One-to-One consent rules aimed at controlling forms of automated technology.

What are the key points?

It applies to calls or texts using regulated technology, such as auto dialers, pre-recorded/artificial voice calls, AI voice, or any form of outbound IVR (Interactive Voice Response).

Consent is needed before any such technology can be used to contact a consumer.

The consent must be specific to the purpose. For example, if someone is signing up for Medicare-related info, you cannot slip in consent for calls about auto insurance.

When does it take effect?

Starting January 27, 2025, you cannot make outbound calls or texts using automated technology without having FCC-compliant One-to-One consent.

What Does This Mean for You?

For Agents Handling Leads:

You need FCC-compliant consent starting January 27, 2025, to use any automated technology.

If you work with Medicare-related leads, you’ll also need CMS-compliant consent starting October 1, 2024, if you share data between TPMOs.

Warm transfers? Make sure the lead company has written consent. If you’re transferring a Medicare-related call, get verbal consent on a recorded line, mentioning the specific TPMO.

Final Thoughts

While these regulations might seem daunting, they’re all about protecting consumer privacy. As an agent, understanding and complying with these rules ensures you stay on the right side of the regulations and that you don’t lose valuable leads in the process.

Do you have any questions about how these new regulations might affect your business? Contact a Pinnacle team member today.

For more information, contact a Pinnacle Financial Services representative today 1 (800) 772-6881 x7731 | sales@pfsinsurance.com
Bob Brzyski

Bob Brzyski

Vice President | Marketing

x7742 | bbrzyski@pfsinsurance.com

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881 support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail
DOL Fiduciary Rule Halted by Texas Court: Implications for Financial Professionals

DOL Fiduciary Rule Halted by Texas Court: Implications for Financial Professionals

DOL Fiduciary Rule Halted by Texas Court: Implications for Financial Professionals
Comments

On July 26, 2024, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction to halt the implementation of the Department of Labor’s (DOL) new fiduciary rule, which was set to take effect on September 23, 2024. This decision came in response to a lawsuit filed by the Federation of Americans for Consumer Choice (FACC) and several independent insurance agents, who argued that the rule would cause significant harm if implemented while their case was still pending​.

The Ruling

Judge Jeremy D. Kernodle granted the preliminary injunction, citing concerns that the new fiduciary rule suffered from similar issues as the DOL’s 2016 rule, which was ultimately vacated. The plaintiffs contended that the rule conflicts with the Employee Retirement Income Security Act (ERISA) by redefining the term “fiduciary” to include relationships that do not traditionally involve trust and confidence​​.

The court agreed with the plaintiffs, highlighting that the rule imposes substantial compliance burdens and potential liability under ERISA on insurance agents who deal with ERISA plan members and IRA owners. The injunction will remain in effect until further court orders​.

Background of the Fiduciary Rule

The fiduciary rule, officially known as the Retirement Security Rule, was finalized by the DOL in April 2024. Its primary aim was to extend fiduciary standards of care to most transactions involving annuities, thereby ensuring that financial professionals act in the best interests of their clients when providing retirement investment advice​. The rule sought to close loopholes that allowed some advisors to avoid fiduciary responsibilities, which proponents argued would protect consumers from conflicts of interest. 

Impact on Financial Professionals

The halt of the fiduciary rule’s implementation has significant implications for financial professionals, particularly those involved in retirement planning and annuities:

The halt of the Department of Labor’s fiduciary rule by the Texas court brings several benefits to financial advisors, primarily through reduced regulatory burdens and increased operational flexibility. Here are the positive impacts:

  1. Operational Flexibility: With the fiduciary rule on hold, financial advisors and firms have more freedom in structuring their business models and compensation structures. This flexibility allows advisors to tailor their services to better meet the diverse needs of their clients without being constrained by stringent regulatory requirements​​.
  2. Reduced Compliance Costs: Compliance with the fiduciary rule would have imposed significant costs on advisors, including the need for extensive documentation and potential restructuring of advisory practices. The suspension of the rule alleviates these financial burdens, allowing advisors to allocate resources more efficiently toward client service and business growth​​.
  3. Enhanced Client Relationships: Advisors can maintain their existing compensation models, such as commission-based structures, which can be beneficial for clients who prefer this approach. This continuity helps preserve established advisor-client relationships and prevents disruptions that could arise from a sudden shift to a fiduciary model​​.
  4. Innovation and Growth Opportunities: With fewer regulatory constraints, financial advisors have greater leeway to innovate and develop new products and services. This can lead to more creative solutions for retirement planning and investment advice, ultimately benefiting clients by providing them with a wider range of options tailored to their individual needs​​.
  5. Focus on Client-Centric Practices: While the fiduciary rule aimed to protect consumers, many advisors already adhere to high ethical standards and prioritize their clients’ interests. The suspension of the rule allows these advisors to continue their client-centric practices without additional regulatory pressures, reinforcing their commitment to ethical advisory services​​.
  6. Market Competitiveness: The halt of the fiduciary rule can enhance market competitiveness by allowing smaller advisory firms to compete more effectively. Larger firms with extensive compliance departments would have had an advantage under the fiduciary rule, but with the rule on hold, smaller firms can focus on delivering personalized and high-quality services without being disproportionately burdened by regulatory compliance​​.

Outlook

The Texas court’s decision to halt the DOL’s fiduciary rule offers financial advisors a reprieve from stringent regulatory requirements, allowing for greater flexibility, reduced costs, and enhanced client relationships. Advisors can continue to innovate and grow their businesses while maintaining a strong focus on client-centric practices. As the legal landscape evolves, advisors should remain vigilant and adaptable, ensuring they are well-positioned to navigate future regulatory changes while continuing to serve their clients effectively.

For more information, contact a Pinnacle Financial Services representative today 1 (800) 772-6881 x7731 | sales@pfsinsurance.com
Bob Brzyski

Bob Brzyski

Vice President - Marketing

x7742 | bbrzyski@pfsinsurance.com

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881 support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail
2025 Medicare Advantage Commissions- Take Two

2025 Medicare Advantage Commissions- Take Two

2025 Medicare Advantage Commissions- Take Two
Comments

Update to the 2025 FMV.  Commissions are reverting to the typical yearly adjustment.

A recent court decision in Texas has put a pause on certain updates in the 2025 CMS Final Rule that affect Medicare Advantage (MA) and Part D commissions. This directly impacts how agents and brokers get paid. The decision came after trade associations filed lawsuits claiming that these changes were outside of CMS’s legal powers and weren’t properly introduced. So, for now, those changes are on hold. Stay tuned for more updates as this develops!

 For Part D, for example, we’re looking at an increase from $100 to $109 per member per year for initial enrollments, and renewals are going up from $50 to $55. As for Medicare Advantage, the commission bumps will vary depending on the state but expect to see a slight increase pretty much everywhere. See the chart below for the details.

For more information, contact a Pinnacle Financial Services representative today 1 (800) 772-6881 x7731 | sales@pfsinsurance.com
Bob Brzyski

Bob Brzyski

Vice President - Marketing

x7742 | bbrzyski@pfsinsurance.com

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881 support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail
2025 Medicare Advantage Commissions

2025 Medicare Advantage Commissions

2025 Medicare Advantage Commissions
Comments

CMS UPDATED– See updated commissions after the final rule changed- 2025 Medicare Advantage Commissions- Take Two

2025 Medicare Advantage Commissions have been announced. Commission increases will take place for 2025 Medicare Advantage and Medicare Part D sales per the announcement by the Center for Medicare and Medicaid Services, (CMS).  Click here for document.

We know from the 2025 Final Rule that the FMV compensation was increasing by $100/$50. The 2025 compensation also includes the annual adjustment.  Also, PDP compensation is increasing by $100/$50 which will have wide-ranging impacts on the plans.

FOR CA, AND NJ

  • Initial MA commissions increased from $762/member/year to $880/member/year.
  • Renewal commissions increased from $381/member/year to $440/member/year.

FOR PUERTO RICO AND THE U.S. VIRGIN ISLANDS

  • Initial MA commissions increased from $418/member/year to $528/member/year.
  • Renewal commissions increased from $209/member/year to $264/member/year.

In all other states, initial MA commissions increased from $611/member/year to $726/member/year. Renewal commissions increased from $306/member/year to $363/member/year.

For more information, contact a Pinnacle Financial Services representative today

1 (800) 772-6881 x7731 | sales@pfsinsurance.com

Bob Brzyski

Bob Brzyski

vice President of Marketing

x7742 | bbrzyski@pfsinsurance.com

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881
support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail

Will Your Taxes Skyrocket? How the 2025 TCJA Sunset Could Impact Your Wallet

Will Your Taxes Skyrocket? How the 2025 TCJA Sunset Could Impact Your Wallet

Will Your Taxes Skyrocket? How the 2025 TCJA Sunset Could Impact Your Wallet
Comments

As we edge closer to 2025, the sunset of the Tax Cuts and Jobs Act (TCJA) is on the horizon, and it’s bringing potential changes that could shake up the financial scene for American taxpayers. Introduced back in December 2017 during President Donald Trump’s tenure, the TCJA rolled out some major tweaks to the U.S. tax system. But here’s the catch: these changes weren’t meant to last forever. Without a move from Congress to keep them in place, they’re set to expire at the end of 2025. Let’s dive into what this could mean.

Individual Income Tax Rates

The TCJA notably decreased individual income tax rates across various income levels, leading to lower federal taxes for numerous Americans. Should the TCJA sunset, these rates will return to their pre-2018 figures. The highest marginal rate would rise from 37% to 39.6%. Increases in other tax brackets could also lead to higher tax liabilities for many individuals.

Standard Deduction and Personal Exemptions

Significant changes were also made to the standard deduction, which was almost doubled by the TCJA to $12,000 for single filers and $24,000 for married couples filing jointly in 2018, with subsequent inflation adjustments. If the TCJA is allowed to expire, the standard deduction will revert to about half of these amounts. Moreover, the personal exemption, which was removed by the TCJA, would be restored. This reinstatement could complicate the tax filing process and potentially increase taxable income for numerous households.

Child Tax Credit

Under the TCJA, the child tax credit was enhanced from $1,000 to $2,000 per qualifying child, with expanded eligibility criteria, benefiting many middle-income families. If the TCJA sunsets, the credit will return to $1,000 per child, and the eligibility thresholds will lower, potentially increasing the tax burden for families with dependent children.

Alternative Minimum Tax (AMT)

The TCJA made significant adjustments to the AMT by raising the exemption amounts and the thresholds at which these exemptions phase out, thereby reducing the number of individuals affected by the AMT. If the TCJA is not extended, these exemption amounts will revert to their lower, pre-2018 levels, potentially subjecting more taxpayers to the AMT and increasing their tax obligations.

Estate Tax

The TCJA also significantly increased the estate tax exemption, doubling it to allow individuals to leave up to $11.7 million (as of 2021) to heirs without facing federal estate tax. Should the TCJA expire, this exemption will decrease to approximately $5.5 million, thus expanding the scope of estates that will incur this tax.

Corporate Tax Rates

One of the hallmark changes of the TCJA was the reduction of the corporate tax rate from 35% to 21%. Unlike the individual tax provisions, this change is permanent. Therefore, even if the TCJA expires, the corporate tax rate will continue to be 21%.

Deductions and Credits

The TCJA also streamlined various deductions and credits, eliminating, or capping some while introducing others, such as the Qualified Business Income Deduction for pass-through entities. If the TCJA sunsets, many of the previous rules governing deductions and credits will be reinstated. For example, the deduction for state and local taxes, which was capped at $10,000 by the TCJA, could once again become uncapped, potentially benefiting taxpayers in states with higher taxes.

Implications for Tax holders

The end of the TCJA could lead to increased tax liabilities for many due to higher tax rates and a reduced standard deduction. The impact will be particularly significant for families, who may face a reduced child tax credit. Additionally, the reintroduction of personal exemptions and changes to the AMT will add complexity to tax planning.

Conclusion

With the TCJA set to expire soon, it’s a pivotal time for taxpayers to start gearing up for the changes that might be on the way. Getting advice from tax professionals can clear up how these shifts could play out for your financial situation. Now, the upcoming presidential election could throw another layer of uncertainty into the mix. Depending on the outcome, we could see efforts to extend or modify the TCJA, or perhaps a shift back to the pre-TCJA tax rules. So, staying informed and proactive in your tax planning is more crucial than ever. Keep an eye on the election results—they might just shape the tax landscape in significant ways.

Contact the team at Pinnacle Financial for quotes on annuities, life insurance, and more to help protect your client’s future.  The team can be reached at

1 (800) 772-6881 x3302 | annuity@pfsinsurance.com

Bob Brzyski

Bob Brzyski

VICE PRESIDENT, MARKETING

x7742 | bbrzyski@pfsinsurance.com

Contact a Pinnacle Representative if you have any questions.

1 (800) 772-6881
support@pfsinsurance.com

Contact Us

Contact a Pinnacle Financial Service representative today for assistance.

CallEmail