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I judge CMS is looking at intent...if you are really wanting to sell MA and are calling about Medicare supplements, you are then in violation.
If your intent is to sell Medicare supplements and your prospect brings up MA plans, then document by getting them to sign a SOA and continue the appointment.
However, remember this is the government making rules, and when you have no competition you can be as great or as horrible as you want.
I believe the OP was more referring to setting MA appointments from med supp OB cold calls.The the only way to be 100% sure CMS or DOI can't accuse an agent who is certified to sell MA plans of violating the bait and switch marketing rule when cold calling for med supps is to either terminate the call when a prospect brings up MA or turn in your MA badge . CMS knows that if we cold call 100 people to sell med supps that many of these Medicare consumers are bound to bring up PDP and MA questions and that's exactly the loophole the rules against bait and switch strategies are trying to prevent.
It is very easy to get away with accidentally finding MA leads when cold calling for med supp but IMO if an agent is accused of bait and switch by an MA carrier and investigated and is asked to document how initial contact occurred for every MA enrollment submitted to the carrier there would could be consequences if even 10% of MA enrollments where a direct result of a cold calls.It is a slippery slope once an agent starts depending on getting x number of their MA leads for every 10 OB cold call they make for med supps.