Medicare Supplements Sold Without Ever Meeting?

Yep way too many rules. I only do face to face. I have them pull out all their drugs, search the [FONT=&quot]formulary[/FONT], I ask about Docs, do a doctor network search, etc.

[FONT=&quot]It is tough enough to get some seniors to understand when you are showing the [/FONT]printed material and over the phone, to me, could be an E&O problem in the waiting. Worse yet would be a problem with CMS.

How do you handle the rules and the need to leave information? How do you handle the Scope of Appointment? I would assume a scheduled telephone call is an appointment.

One carrier only allows
  1. Telephonic Enrollment (The beneficiary must initiate contact with the Enrollment Center). The agent can assist the beneficiary to contact the insurance company by phone but the agent can't complete the application.
  2. On-Line Enrollment
  3. Paper Applications Mail or fax to the Health Plan
Are you doing a 3 way telephone call?

I'm trying to figure out how you are doing it and staying within the myriad of CMS rules? It would be good to know for future reference.

I thought it said appointments? To me I would need CMS to define appointment. An appointment can be a set time on the telephone or a F2F. IMHO - CMS is a legal wonk organization where everything must be defined. An appointment in the dictionary doesn't say it is just a F2F meeting. "a fixed mutual agreement for a meeting; engagement, a meeting set for a specific time or place. So in the legal world an appointment can be just a specific time or it can be a specific place.

We did have a president that wanted to define the word IS as a defense.

I am not saying that CMS says it is or isn't only F2F but in the AHIP cert test it was for an appointment.

I'm cool with it if you can find how CMS defines appointment.

A SOA is only for F2F meetings.

Rick
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Ok I went searching for a definition of appointment but I didn't find it but I did find this ...........

The New Medicare Regulations—What They Mean for NAHU Members Selling Private Medicare Products

Documenting That a Beneficiary Approves the Scope of the Appointment

All producers must document that, prior to making an appointment, the beneficiary agrees to the scope of products to be discussed. Appointments made in person require written documentation and appointments made over the phone require recorded documentation.

So I ask this question, if CMS wants a SOA to be kept for many, many year, are we to think that talking over the phone is a loop hole? Heck if phone apps allow you to bypass a lot of the leave this behind, sign this, keep an SOA for 10 or 15 years.......it would seem that agents should flock to telephone only MA work.

I'm just playing devils advocate because I have yet to see in writing how CMS looks at telephone appointments. All wonks are a PITA. I remember when I was still an S7 guy, e-mails were new and we weren't allowed to use E-mail.

CMS doesn't define light snacks either and I guess it can be left up to a cat fight between an agent and CMS.

"However, you can provide light refreshments or snacks to
perspective enrollees. CMS does not define these terms,"

Hopefully someone will (if it exists) find in writing if CMS does or doesn't consider an appointment over telephone to be the same as a F2F.

All this crap is why I stay away from MA sales.
 
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is it legal to record conversations with MA or Med Supp prospects? If so, must you let the prospect know that the conversation is being recorded? this could get interesting. I had the strangest conversation with a prospect and two daughters the other day and really bit my tongue. 12 calls in two days that lead to a telephonic sale then was told by the spouse who wasnt involved from the begining... to get lost and just cancel the FN policy because he wanted to go with a local agent. Ofcourse the local agent was selling the same product. I have no problem with this but geeze dont waste my time and knowledge to give the sale to someone else.
 
Under privacy laws you must always tell them and (not sure if it is still true) you had to have that beeping noise while recording.

There are many times the wonks put us in a place of jeopardy. When I was still an S7 guy, I once received a letter from a client thanking me for the job I was doing and to tell me one other tidbit. I never met the guys wife or family. In the letter he said, BTW the woman you saw me with at that function (it was really a party) was not my wife, don't tell anyone.

Well anyone that knows the NASD (now FINRA) rules knows that I had to pass a copy of that letter along to compliance. All incoming letters / communication must be kept on file with compliance and in the broker file drawer. I had my own office, working as an independent - for an independent BD. I never worked for a non-independent BD. Maybe that rule is different when you work in-house.

But I was bound by the rules to share that little secret that was given to me in private by my client. It had nothing to do with securities and the secret could not be redacted / blacked out.

So it seems that when the wonks see fit they will say you are working for the client and at other times when they see fit, you are working for them (CMS, FINRA, Etc). Brothers and sisters it really didn't used to be this way. Almost on a weekly basis there is something that takes away another ounce of freedom. Today I read that in Fla. they are mandating you give your blood at a DUI checkpoint. Who are these people? All the crap is sold as "we are here to keep you safe, to protect you." No they aren't! They are there to gather more power. So it is a reason I get testy when I read from people on this forum that support more and more and more crazy regulations. In the mind of the wonks, we can never have enough regulations until they are the only one's doling out the product.

Sorry I went a bit off topic. :radar:

is it legal to record conversations with MA or Med Supp prospects? If so, must you let the prospect know that the conversation is being recorded?
 
This is what the law really says about recording phone conversations:

[FONT=Arial, Helvetica, sans-serif]The federal law makes it unlawful to record telephone conversations except in one party consent cases which permit one party consent recording by state law. What that means is a person can record their own telephone conversations without the knowledge or consent of the other party in those states that allow one party consent.[/FONT]
[FONT=Arial, Helvetica, sans-serif]It's important to understand the difference between what has become known as one party consent and two party or all party consent. One party consent simply means that one party to the conversation must have knowledge and give consent to the recording. Two party or all party consent means that every party to the conversation must have knowledge and give consent to the recording.[/FONT]​
[FONT=Arial, Helvetica, sans-serif]There are twelve states that require all party consent. They are:[/FONT]​

[FONT=Arial, Helvetica, sans-serif]California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
New Hampshire
Pennsylvania
Washington
[/FONT]​
[FONT=Arial, Helvetica, sans-serif]There are 38 states that permit one party consent. They are:[/FONT]​
[FONT=Arial, Helvetica, sans-serif]Alaska
Arkansas
Colorado
District of Columbia
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming
[/FONT]​
 
Frank, what was the source?

There are several sites that discuss this, the one I copied and pasted, COVERTLY RECORDING TELEPHONE CONVERSATIONS , had the simplest layout for copying and pasting. It goes on to discuss calling other states where the state may require all party consent and your state may only require one party consent.

Here is another source that gives more specific detail, Summary of Consent Requirements for Taping Telephone Conversations .
 
please no one sells this medicare crap over the phone! don't let Frankie and his errand boys try and promise ya otherwise! Belly to Belly sales is what builds trust and a solid book of business!


ARRRGGGHHHH!!!!

-YODA

:1arghh::1arghh::1arghh::1arghh:
 
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If you say so. I've been selling it over the phone for several years now and I can count on one finger the number of clients I've lost to another agent.
 
please no sells this medicare crap over the phone! don't let Frankie and his errand boys try and promise ya otherwise! Belly to Belly sales is what builds trust and a solid book of business!


ARRRGGGHHHH!!!!

-YODA

:1arghh::1arghh::1arghh::1arghh::1arghh

I knew it. You are Yoda (and probably that other ***, The Rabbi, as well).

Rick
 
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