CMS Final Rule 2023

June 23, 2022

As of now, you have probably heard of the  CMS Final Rule 2023 that was announced May 2022. The rule is set to go into effect on October 1, 2022, and will require all Medicare and Medicaid marketing calls to be recorded and stored.  Many believe this is CMS’s response to the many TV ads showing celebrities that at the very least have been viewed as misleading.  It looks as though CMS decided to throw an all-encompassing net around all agents whether field agents or others requiring all calls to be recorded.

CMS Final Rule 2023- NAHU Looks for Clarification

NAHU spoke with CMS officials for clarification 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. SHIPS are exempt from the rule.

Our friends at NAHU, are continually working towards a resolution and clarification from CMS as the current state of the rule is quite cumbersome to agents, to say the least.  For a copy of the CMS Final Rule, you can go directly to the article.

CMS Final Rule 2023- Summary of Marketing Changes

The following is a summary of the changes published.  Keep in mind that there could be changes and/or additional clarification on the rule from CMS.

  • All field agents must begin recording all phone calls with beneficiaries
  • The disclaimer “I/We do not offer every plan available in your area. Please contact medicare.gov or 1-800-MEDICARE to get information on all your options” must be conveyed as follows:
    1. Verbally conveyed within the first minute of a sales phone call.
    2. Electronically conveyed when communicating with a beneficiary through email, online chat, or other electronic means of communication.
    3. Prominently displayed on third-party marketing organization websites
    4. Included in any third-party marketing organization marketing materials, including print materials and television advertisements.

CMS Final Rule 2023- Solutions for Agents

The team at Pinnacle Financial Services has several solutions so that agents are able to meet these ongoing changes.  We will continue to have the latest technology needed so that all of our agent partners will be able to continue selling in a compliant way.

As the guidance updates the Pinnacle team will keep you informed of the changes.

“When I make a joke it’s a joke, when government makes a joke it’s the law” Will Rogers.

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


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