How are Face 2 Face Agents planning on handling this?

[StephanieCJ]

I don’t like it because they need a separate email with a code. Rbob is hands down the easiest.

I don't recall that. I sent myself a SOA by both email and text before deciding that was the route I would use. Maybe they have changed something. I don't use radius bob, so I can't speak on it at all.

 

[rmhaire]

I don't recall that. I sent myself a SOA by both email and text before deciding that was the route I would use. Maybe they have changed something. I don't use radius bob, so I can't speak on it at all.

Chazm's right though. RB is the easiest. The main reason I don't use Medicare Center's is ownership. What if Integrity and I have a falling out? With RB, I own my info. Not so much with MC.

 

[policywunk]

Defining What Calls Need Recorded
CMS is limiting the requirement to record calls between TPMOs and beneficiaries to sales, marketing, and enrollment calls. This should eliminate the need to record appointment setting calls and check-ins after sales. However, calls with current clients for retention purposes must be recorded.

Additionally, CMS is specifying that virtual sales, marketing, and enrollment calls, such as those completed through video conferencing and other virtual telepresence methods, must be recorded.

Ive read this 8-10 times

Don do you have a link to this verbiage? I googled and couldn't find it but i did find this and according to this it looks like it still may be impossible to stay off the recording grid completely for a face to face agent unless you are meeting prospect in an office ,kiosk,event etc.

New Call Recording Requirement
Agents and brokers will need to record all sales calls with beneficiaries in their entirety including the enrollment process. The recordings must be retained in a HIPAA compliant manner for 10 years. This will apply to new and existing clients.

What is considered a sales call? Anything that falls under the “chain of enrollment’ which is defined as the events from the point when a beneficiary becomes aware of an MA/PDP plan to the end of the enrollment process. This means when you are calling leads, scheduling appointments, collecting drug and provider lists and conducting education meetings and phone enrollments. All of these calls would fall under this guidance. Medicare Supplements are not included in the new call recording rules however, if you are selling a Medicare Supplement in tandem with a Prescription Drug Plan, the call would need to be recorded due to the Part D discussion.

 

[rmhaire]

This means when you are calling leads, scheduling appointments, collecting drug and provider lists and conducting education meetings and phone enrollments. All of these calls would fall under this guidance.

All of this is covered in your AHIP Bible Chapter 4 Verse 28

You can't call them, can't text them and probably can't even know them.

28. Marketing and Communication Prohibitions - Unsolicited Contacts Marketing representatives are prohibited from making unsolicited contact with beneficiaries, including through:

* door-to-door solicitation, including leaving leaflets, flyers, or door hangers at a residence or on someone’s car.
* approaching beneficiaries in common areas such as parking lots, hallways, lobbies, sidewalks, stores, or parks.
* telephone calls.
* text messages and other forms of electronic direct messaging (e.g., through social media platforms, like Facebook instant messaging).
* voicemail messages.

• The prohibition on making unsolicited contact does not extend to e-mail, conventional mail, and other print media such as advertisements.

 

[goillini52]

All of this is covered in your AHIP Bible Chapter 4 Verse 28

You can't call them, can't text them and probably can't even know them.

28. Marketing and Communication Prohibitions - Unsolicited Contacts Marketing representatives are prohibited from making unsolicited contact with beneficiaries, including through:

* door-to-door solicitation, including leaving leaflets, flyers, or door hangers at a residence or on someone’s car.
* approaching beneficiaries in common areas such as parking lots, hallways, lobbies, sidewalks, stores, or parks.
* telephone calls.
* text messages and other forms of electronic direct messaging (e.g., through social media platforms, like Facebook instant messaging).
* voicemail messages.

• The prohibition on making unsolicited contact does not extend to e-mail, conventional mail, and other print media such as advertisements.

What about contacting them by sign language?

 

[StephanieCJ]

What about contacting them by sign language?

Right to jail.

 

[Tahoe Ray]

All of this is covered in your AHIP Bible Chapter 4 Verse 28

You can't call them, can't text them and probably can't even know them.

Not sure why I found this so funny but it's pretty hilarious.

Like the part on an agent report where they ask how you know the client.

I'm not sure this is even a real person. Please pay me a commission.

 

[DayTimer]

You can't call them, can't text them and probably can't even know them.

28. Marketing and Communication Prohibitions - Unsolicited Contacts Marketing representatives are prohibited from making unsolicited contact with beneficiaries, including through:

* door-to-door solicitation, including leaving leaflets, flyers, or door hangers at a residence or on someone’s car.
* approaching beneficiaries in common areas such as parking lots, hallways, lobbies, sidewalks, stores, or parks.
* telephone calls.
* text messages and other forms of electronic direct messaging (e.g., through social media platforms, like Facebook instant messaging).
* voicemail messages.

The only thing I know for sure is that the people who came up with these dumbass prohibitions were almost 100% Democrats, And I say that as a registered Democrat.

 

[goillini52]

Aetna's summary of key points in CY2024 Final Rule



Marketing materials (changes effective 9/30/23)

• Authorized TPMOs must submit multi-plan materials to HPMS after pre-review by MA organizations.
  
• Superlatives may not be used in communications unless new requirements regarding supporting documentation are met. Examples include, but are not limited to, words like “best” or “most”.
  
• Do not use the Medicare name and CMS logo in a misleading way. Use of the Medicare ID card image must be authorized for use by CMS.
  
• Do not advertise plan benefits outside the service area.
  
• The MA organization name or marketing name(s) as listed in HPMS must be identified in the marketing of any products, plans, benefits or costs.
  
• Marketing communications may not include information regarding potential savings that are based on a comparison of typical expenses borne by uninsured individuals, unpaid costs of dually eligible beneficiaries, or other unrealized costs of a Medicare beneficiary.

Sales and marketing activities

• Visiting a beneficiary without an appointment is always prohibited, even when the beneficiary has expressed an interest in MA products.
  
• MA organizations need to provide members with an annual opportunity for members to opt-out of plan calls. Aetna will provide future clarification on this matter to TPMOs.
  
• MA organizations holding education events may no longer set up future personal marketing appointments or have beneficiaries complete Scope of Appointment forms at these events.
  
• Marketing events are prohibited from taking place within 12 hours of an educational event in the same location. The same location is defined as the entire building or adjacent buildings.
  
• MA organizations must wait 48 hours between the completion of the Scope of Appointment and the start of the personal marketing appointment. (See the next section for Aetna’s notes on this topic.)
  
• A Scope of Appointment, business reply card, or request to receive additional information is valid for 12 months following the date of beneficiary’s signature date or the date of the beneficiary’s initial request for information.
  
• The pre-enrollment checklist (PECL) must be provided prior to enrollment, including telephonic enrollments. "Effect of current coverage" has been added to the PECL.
  
• TPMOs must provide the number of plans and products it offers, as well as SHIP contact information in its disclaimer. TPMOs who offer all plans and products must also provide a version of this disclaimer.
  
• Beneficiary health plan needs must be reviewed prior to enrollment.
  
• TPMOs must record all marketing, sales, and enrollment calls, including the audio portion of calls via web-based technology, in their entirety. Other types of calls have been excluded.

Pertinent regulations from the Final Rule including Aetna's notes regarding relevance to TPMOs



Click here for CMS's actual regulatory verbiage along with Aetna's commentary. Please review this section in its entirety. You'll find answers to some common industry questions.

CMS's Final Rule as it appears in the Federal Register



You can review CMS's CY2024 Final Rule, which includes the marketing, communication and sales changes summarized above and CMS's own commentary. On May 31, 2023, CMS issued some revisions to the Final Rule to correct typographical and technical errors in the regulations; CMS indicated that they didn’t make substantive changes.

2. The 2023 clarification of the definition of "marketing"

This change is effective July 10, 2023. CMS has significantly broadened the content portion of the definition of “marketing” to include materials that mention any type of plan benefits. This requirement applies to all new materials, as well as existing materials that were previously reviewed, which will be in use on or after July 10, 2023.



In its May 10, 2023 memorandum, CMS stated that “any material or activity that is distributed via any means (e.g., mailing, television, social media, etc.) that mentions any benefit will be considered marketing and must be submitted into HPMS.”



Therefore, TPMOs, including agents and brokers, must:

• Determine if their communications meet the new definition of marketing and then submit materials for marketing review as appropriate.
  
• Ensure that all multi-plan materials that include "intent" and mention any benefit are provided to Aetna for pre-review and then submitted to HPMS.

Organizations must submit their materials timely so that they are approved prior to July 10. Please direct any questions regarding the multi-plan marketing material submission and review process to [email protected] or your Aetna Medicare Broker Manager or Sales Director.

3. Modifications to the marketing module in HPMS

Aetna released a summary of these changes on May 9, 2023, which we are providing again here. Given the changes to this module, make sure you are appropriately planning for pre-review and HPMS submission timelines. For example, you will need to be ready to submit online videos for a 45-day review.

 

[goillini52]

An SOA is good for 60 days. I use the one in Radius. I just email it out and Radius tells me when I get it back. I include it in my onboarding routine. Even with my life prospects and clients. Don't need it for that but getting it back tells me that the prospect can handle an e-app.

Since I'm 99.9 % virtual, I have sent them out as much as 30 days before we "meet."

Aetna's saying 12 months.

• A Scope of Appointment, business reply card, or request to receive additional information is valid for 12 months following the date of beneficiary’s signature date or the date of the beneficiary’s initial request for information.