CMS Telephone Recording Requirement

[GreenSky]

I spoke with 5 prospects today about MA plans without a recording. While I did not set an appointment yet (because it's about a month before I can do any enrollments), had one of them wanted to see me on 11/15, I would have been happy to schedule the appointment.

I doubt that 1 in 25 agents will be recording the calls and I don't intend to even try. If CMS wants us out of business, then they should make it illegal for us to sell the plans. Otherwise, all this bullshit is really restraint of trade. (Don't get me started on the 48 hour rule).

Do any of you feel otherwise and how do you intend to be in compliance?

Rick

 

[allhealthandlife]

I spoke with 5 prospects today about MA plans without a recording. While I did not set an appointment yet (because it's about a month before I can do any enrollments), had one of them wanted to see me on 11/15, I would have been happy to schedule the appointment.

I doubt that 1 in 25 agents will be recording the calls and I don't intend to even try. If CMS wants us out of business, then they should make it illegal for us to sell the plans. Otherwise, all this bullshit is really restraint of trade. (Don't get me started on the 48 hour rule).

Do any of you feel otherwise and how do you intend to be in compliance?

Rick

I am trying to find the most effecient and least intimidating way to record calls. I figure the best way would be a service you can patch in a three way call and the recording would start there. This way you can warm up your prospect first and then drop the bomb that you have to record their permission to give you an appointment. Then i was wondering if we do this can we have the Scope of Appointment signed at appointment stating that permission was given via phone on a date 48 hours earlier ?

Are digital signatures accepted for those that have email ?

 

[patch36]

I was told Humana is working on a letter that can be signed at the time of the appt. I haven't seen it yet and I think it has to be CMS approved, so it will take a bit.

I don't want to jump through all these hoops. If we can't come up with a simple way to do it, I will be working primarily with existing clients and coasting through AEP doing other things.

Med Sups are my product of choice in the counties away from the city. Problem is that they are expensive in the Metro areas here in Missouri, and a couple MA's have strong PPO presence, so many times they are what are best for the client.

What are the ramifications if we do it incorrectly? No recording and a letter signed at the time of the appt? What will trigger a problem? A complaint or are they going to randomly audit us? Do we lose our appt with the insurance company if we do it wrong? These products are not regulated at the state level, so our licenses should not be at risk.

This whole thing is bullsh*t. Shouldn't the focus be on whether we sold the right type of plan based on the needs of the customer, not whether we can prove they agreed to an appt for the specific plan we sold them?

 

[Non-golfing Agent]

Could you post the requirement? I see no mention of a requirement to record the call where we set the appointment.

All I found was this...

reviewing recordings of enrollment calls to ensure compliance with the new regulations; and

I have no problem with that.


Edit:

Found it...

The new rules limit any marketing appointment to the scope of healthcare-related products agreed upon by the beneficiary in advance. For an in-person appointment, the scope agreed upon must be documented in writing. If the appointment is made over the phone, the conversation must be recorded.

Jesus...

There is no way on earth they can police this. We're talking about millions of recordings.
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The genius who thought of this rule should be teabagged.

 

[patch36]

I was thinking Dirty Sanchez, but teabagged works too.

 

[GreenSky]

I was thinking Dirty Sanchez, but teabagged works too.

When you die, you are definitely going to heck.

Rick

 

[Thatguy]

I agree that our license are state regulated, but we both know that CMS can make a "nudge" to the state DOI, and they'll listen. I'm not sure what they are going to do yet, but we did find a few ways that I'm going to try.

1) Live transfer leads. A company recently approached me telling me they can provide live transfer leads on MA. How are they getting the lead you ask? (I had the same question.) They went into a gray zone and their attorneys told them it was acceptable. Without letting the cat out of their bag, they are calling other company's existing clients from previous years past and then if they are interested then they do a live transfer to us agents.

2) Mailers. We all know it has a very low return, usually 1%-2%, but they are very cheap to do.

3) Seminars. Yes i know about the 48hour rule.

4) PSA. I contracted with a local Gospel station in NC. Once a week, I come on their show as a insurance consultant and answer questions insurance and Medicare. It gets name recognition and I get to plug my business.

5) and the best source of them all..... REFERRALS! I get as many as I can off of each appointment! For every health of life I sell, I always ask them if I can help their parents or grandparents with MA. Works very well!

 

[jdeasy]

"Recorded" also means written documentation. It doesn't have to be a voice recording to be legal.

 

[GreenSky]

"Recorded" also means written documentation. It doesn't have to be a voice recording to be legal.

I can't see how that is true. You are the only person to say that.

If they didn't mean voice recording, it would say "documented."

Either way, there is not a chance in hell I can be in compliance so why even try?

Rick

 

[Crabcake Johnny]

The rules also require agents to document that, prior to making an appointment, beneficiaries agree to the scope of products to be discussed at the meeting. Appointments made in person require written documentation; appointments made over the phone require recorded documentation.