T65 Medicare Educational Seminar

[midwestbroker]

True, anyone can give an event, but when you hold an insurance license you are held to a higher standard when it comes to advice.

I am still on the path of the more agents brag about not following CMS rules, the more likely CMS is going to create rules to say otherwise.

 

[somarco]

Financial planners can give some of the worst advice, and many of them hold insurance and securities license ............ including those that charge a fee for their advice.

You may be right, but I believe you might be over-thinking this.

 

[Stephen]

Excluding the plan specific information in the back, you can talk about anything in the Medicare and You book at an education event, including an overview of Part C and Part D.

Some things that you can't do: Hand out business cards (unless they ask for one) , schedule appointments, gather contact information, get permission to call later, distribute or discuss plan specific information, etc.

 

[WCMason]

FYI - We (here at Senior Marketing Specialists) have fired off an email to one of the carriers compliance departments (the most conservative one we know of) to ask if an agent can mention C or D plans in general at a Medicare 101 event. I will post the reply when we receive it. This usually takes a few days.

Your earlier post about this already tells us what you're likely to hear from this conservative carrier's compliance department: "No carrier that I know of is going to tell an agent not to register the event." So, they're not going to be that helpful at giving us a reasonable interpretation of the guidelines. I liken it to the tax rules. While I don't want my accountant to be aggressive interpreting the rules, I also don't want him to take no deductions at all because it's better to be safe than sorry. A reasonable reading of the Medicare marketing guidelines says no plan specifics on MA or PDP in an educational seminar. I am comfortable giving a general description of how the Part C and D plans fit into the overall Medicare picture and explaining to those who ask about plan specifics why I can't do that in this educational setting.

 

[somarco]

If an agent takes their material from the Medicare publications, with citations on request, I see no reason why there would be a problem.

When a carrier tells the agent to register their seminar, that is a CYA move.

 

[midwestbroker]

Very true, I can safely assume the response, but I am curious to what they will cite as rules to enforce their decision.

Personally, as I see it, if you are not licensed with any C or D plans, you can safely talk about the generalities of C and D plans. However, just because I see it one way does not mean it a carrier or CMS will see it the same way.

I also judge we can look at the intent of the agent. If the intent of the agent is to inform the audience so they can form them own decision on what plan is best for them, then if there is a violation, it will be more of a minor infraction. However, if the intent is to mislead them, the infraction could be dealt with in a more severe punishment.

Just like door to door marketing. Prior to MIPPA rules, most agents were looking to assist people in Medicare plans. There were the few that were looking to just push policies, and because of that CMS made rules to prevent the few from malice acts and the rest of us have to abide by the same regulations.

 

[somarco]

if the intent is to mislead them

Some people confuse the truth with exaggeration or omission of fact. Amazing how many misinformed people are out there when it comes to Medicare supplement, Advantage and drug plans.

 

[WCMason]

Very true, I can safely assume the response, but I am curious to what they will cite as rules to enforce their decision. Personally, as I see it, if you are not licensed with any C or D plans, you can safely talk about the generalities of C and D plans. However, just because I see it one way does not mean it a carrier or CMS will see it the same way. I also judge we can look at the intent of the agent. If the intent of the agent is to inform the audience so they can form them own decision on what plan is best for them, then if there is a violation, it will be more of a minor infraction. However, if the intent is to mislead them, the infraction could be dealt with in a more severe punishment. Just like door to door marketing. Prior to MIPPA rules, most agents were looking to assist people in Medicare plans. There were the few that were looking to just push policies, and because of that CMS made rules to prevent the few from malice acts and the rest of us have to abide by the same regulations.

Your organization's name indicates you are specialists in senior marketing. I presume you have some guidance for agents on Medicare marketing guidelines in the seminar section of that training. What does your training tell agents about this?

 

[nonie]

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Not totally true. If you talk about generals of Part C and D you and no company you do not need to register if Educational. Look at AHIP again on this. It must be educational however and never talk abut any company.

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I have over 75% of the people that come to an educational seminar will end up buying from me. They work if you work it right.

To many agents get in trouble because they do not know the rules, and they do not use the rules to help them.

I let all know that I can not and will not talk about any company not even med sups.

Are you making appointments after the seminar?

 

[midwestbroker]

@WC - Here is a link to our compliance page:

Medicare Compliance

We always try and provide answers with references from carriers or CMS, rather than interpret the rules or regulations ourselves.