Please review and implement the new requirements outlined below. These requirements will be incorporated into your 2023 producer contract. 

New TPMO disclaimer

The following new disclaimer needs to be on all third-party CY2023 materials, effective for marketing beginning October 1, 2022:

“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.” 

TPMOs must add this disclaimer to any previously approved material and resubmit. Previous versions must be marked as “no longer in use.” 

This disclaimer must be: 

• Verbally conveyed within the first minute of a sales call.
• Electronically conveyed when communicating with a beneficiary through email, online chat, or other electronic means of communication.
• Prominently displayed on TPMO websites.
• Included in any marketing materials, including print materials and television advertisements, developed, used or distributed by the TPMO.

Compliance oversight of all lead sources

TPMOs are responsible for compliance oversight including ensuring all lead sources used to solicit Medicare product enrollments are compliant with CMS guidelines, and all other state or federal laws, rules, and regulations.

This includes but is not limited to ensuring that the TPMO when conducting lead-generating activities, either directly or indirectly, for an MA organization, must:

• Disclose to the beneficiary that his or her information will be provided to a licensed agent for future contact. This must be done:

• • Verbally when communicating with a beneficiary by phone.
  • In writing when communicating with a beneficiary through mail or other paper.
  • Electronically when communicating with a beneficiary through email, online chat, or another electronic messaging platform.
• Disclose to the beneficiary that he or she is being transferred to a licensed agent who can enroll him or her into a new plan.

Recording calls with beneficiaries

TPMOs, including lead generation vendors and downstream related entities, must record all calls with beneficiaries in their entirety. In addition, TPMOs must retain and make the recordings available upon request for a minimum of 10 years. This includes calls that are part of the chain of enrollment into a Medicare Advantage or Part D Plan (the steps taken by a beneficiary from becoming aware of a Medicare plan or plans to making an enrollment decision), as well as post-enrollment telephonic discussions.

This rule applies to telephonic conversations only, not face-to-face meetings. 

Aetna does not dictate the technology to be used for these recordings. However, we will be providing recording capabilities to our sales partners through the Think Agent tool. More information will be provided as this tool is updated. 

Reporting of disciplinary actions or violations

TPMOs must report, on a monthly basis, any staff disciplinary actions or violations of any requirements that apply to Aetna associated with beneficiary interactions. Additional instructions will be provided in the future for the monthly reporting process.

Disclosing subcontracted relationships

TPMOs must disclose any subcontracted relationships used for marketing, lead generation, and enrollment to Aetna. Additional instructions will be provided in the future for disclosing these relationships.