I just got off phone with Integrity fmo about new rule changes . Starts June 28

[Travis Price]

I agree with that, What I am saying is when I read the document there was some language that said exactly that was in the past that this is changing to include anyone who sends out post cards Facebook ads website marketing or any type of marketing to now be considered a 3rd part marketing organization

So I reread the regs and the definitions of TPMO. There's definitely a strong argument that FMOs and independent brokers would fall under TPMO standards.

It feels very throwing the baby out with the bathwater to me.

I already added the language to my letters, quote tool, and email sig.

I still consider an MAPD/PDP sales appointment to start AFTER the scope is signed. Until then, we're just talking about options without any plan details.

I don't have to have signatures for educational events OR just because someone calls my phone. I'm going to stick with that plan.

I'm pretty sure this will change, but if it doesn't then I'll adapt with my plan... until someone corrects me from a carrier.

 

[Todd King]

If agents do have to record calls/sales, then what about Sales Events? Have to record the whole thing? We'll see.

I sure hope NAHU can talk some sense into them in a couple of weeks.

 

[bekahsack]

I thought originally when you started talking about this it was for AEP in October. Where does the June 28 come from?

June 28th comes from this final rule posted to the Federal Register - under Dates in the beginning - Federal Register :: Request Access

 

[Travis Price]

June 28th comes from this final rule posted to the Federal Register - under Dates in the beginning - Federal Register :: Request Access

You're right. The EFFECTIVE date is June 28. This is the date the rule is FINAL. The Applicability date, which is January 1, 2023 (which is also under the Dates Section in the Federal Register) is the date that the Final Rule applies.

You'd be right if there was no Applicability Date, as the Effective Date WOULD be the Applicability Date. Since there is, that's the date the rule is enforced.

I mean, this is ONLY the 15th Final Rule on the Register that I've read in the last 5 years.

I mean, no shade, I like New Horizons content, but if you guys can't give accurate information to your agents, you're hurting them.

I'll bet you AND Don 3 grand each... what do you say?

 

[Travis Price]

June 28th comes from this final rule posted to the Federal Register - under Dates in the beginning - Federal Register :: Request Access

Applicable Date means, in relation to each occasion upon which a regulation applies, the day upon which that regulation first applies, or, where a prescribed period in a paragraph of a regulation is expressed in hours, the time on that day when that regulation first applies;

 

[bekahsack]

You're right. The EFFECTIVE date is June 28. This is the date the rule is FINAL. The Applicability date, which is January 1, 2023 (which is also under the Dates Section in the Federal Register) is the date that the Final Rule applies.

You'd be right if there was no Applicability Date, as the Effective Date WOULD be the Applicability Date. Since there is, that's the date the rule is enforced.

I mean, this is ONLY the 15th Final Rule on the Register that I've read in the last 5 years.

I mean, no shade, I like New Horizons content, but if you guys can't give accurate information to your agents, you're hurting them.

I'll bet you AND Don 3 grand each... what do you say?

I wasn't saying anything about the meaning of June 28th – just helping folks figure out where that came from. This rule affects MA and PDP policies with a 2023 effective date. I shall exit this chat now!

 

[Travis Price]

I wasn't saying anything about the meaning of June 28th – just helping folks figure out where that came from. This rule affects MA and PDP policies with a 2023 effective date. I shall exit this chat now!

So, I guess no bet?

 

[kev_60]

I too am in the wait and see camp but I was told by an FMO that their discussions with the carriers compliance depts lead them to think that this will only apply to anyone who "markets" by using leads of any kind, and not if the client calls you due to referral etc, or for existing clients Not sure if I'm buying that but if so I'll just go 100% referral. Guess we will know June 28. Maybe lol

 

[DonP]

That’s impossible to verify if it was a lead or referral. Every face to face agent will simply mark it was a referral.

 

[vic120]

That’s impossible to verify if it was a lead or referral. Every face to face agent will simply mark it was a referral.

1st of all you probably would not be audited without a complaint, If there is a complaint they would find out how the prospect was contacted

Then if there is an audit it probably would be from a carrier

And if that carrier see's a pattern of all refurells and too high number of new clients they may ask some of yours and theirs clients how they were contacted

It be like fudging the numbers of Ht wt on and app if its 5 or 10 lbs off no one will accused you of being shady but if you put a person 350 as 175 on an app they know someone lied if it happens on a few App's they know you lied

Same Idea with those that would cold call for med supp and 80% of the apps were MA they wont get away with saying they all ask me but I originally called to sell med supp

But if they did 85% med supp who can really say its not true