CMS Telephone Recording Requirement

[allhealthandlife]

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?

yes CMS has stated there will be small sample random checking after enrollment.

All these new rules seemed manageable until i started actually trying to implement them this week. It is going to take a complete reprogramming of the way i have been doing business. Let me tell its harder than you think to have a senior ask you to write a 72.00 final expense policy and have to reschedule an appointment to come back. I hope this lady is as interested in life insurance tomorrow as she was on Friday.

 

[myinsurebiz]

Just use Skype with Call Graph.

Auto Record.

Tom

 

[retread]

I find it interesting that CMS requires agents to record telephone conversations without citing FCC regs and state privacy laws. They are undoubtedly shooting from the hip, and haven't thought this through.

I know they consider themselves bullet-proof, but before I record any telephone conversations, I want to make sure I am not breaking any laws, regardless of what CMS says to do.

My advice to my fellow agents, is CYA... look up your state laws regarding recording of telephone conversations. Some states have required statements that must be made before you can record, other states may not allow them at all.

Generally, one-way recordings are exempt, because of the broad use of answering machines, but Watergate brings to mind the illegality of clandestine recordings of 2-way conversations. I think you will find that you will have to make sure the other party agrees to let you record the call. Otherwise it falls in the category of "wiretapping".

I wouldn't put it past them to allow the FBI to investigate you for wiretapping if they so choose. All they have to say is, "they should have known what to do to make it legal."

 

[MedSuppPro]

I find it interesting that CMS requires agents to record telephone conversations without citing FCC regs and state privacy laws.

This is a good point.

So where is the carrier guidance? They sit back and tell us, but, don't guide us.

I was certified back in August and had 6 seminars that I've canceled. How in the hell can we develop a sound business plan with these stupid rules and extensions.

Obama has in at least 3 debates made it clear that these plans are a bust. One more year of this and it will be OE MedSupp season. Then I'll stop clinging to my guns and bibles>

 

[Frank Stastny]

How in the hell can we develop a sound business plan with these stupid rules and extensions.

It appears that a sound business plan is one that does not include having anything to do with CMS or including anything that CMS has anything to do with.

There is a reason I became an independent agent. I plan to remain an independent agent.

 

[MedSuppPro]

I'm with ya Frank!

I'm a Diversified Independent Agent. I offer both MA/MAPD's and MedSupps. CMS has classified us as Rent-A-Agents or term-limit agents.

MA and MAPD's are a small portion of my operation. I just want to do what is best for my clients. Clients are forbidden to renew with us after 4 years. Many of them had no MedSupp before and many will not after the Obominator eliminates this program.

I hope that the states don't get any foolish ideas and copy some of this CMS crap. Otherwise, your next.

 

[jdeasy]

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

I may be the only person to say it here, but, I have been told that by two carriers, Pyramid and Wellcare.

I do not have a way to record my clients or people that call me and then keep them as a separate file. Nor will I purchase anything that would allow me to do so. And, even if there is free technology that would allow me to do so, I still won't tape my phone call.

I have told every company this same thing. No company has told me that I had to voice record my conversations and Pyramid and Wellcare have told me that it means documentation.

I can only go by what I'm told. You may be right and they may say I'm in violation if I don't voice record. I doubt it will be an issue for me anyway as the only people I'm going to call are the people that I promised to call during lock in and it was before these rules came in effect. I have written permission from Wellcare to call those people. The only other calls I'm going to make are to my current clients. I'm not taking leads from any company and I'm certainly not cold calling anyone.

 

[Winter_123]

I find it interesting that CMS requires agents to record telephone conversations without citing FCC regs and state privacy laws. They are undoubtedly shooting from the hip, and haven't thought this through.

I know they consider themselves bullet-proof, but before I record any telephone conversations, I want to make sure I am not breaking any laws, regardless of what CMS says to do.

My advice to my fellow agents, is CYA... look up your state laws regarding recording of telephone conversations. Some states have required statements that must be made before you can record, other states may not allow them at all.

Generally, one-way recordings are exempt, because of the broad use of answering machines, but Watergate brings to mind the illegality of clandestine recordings of 2-way conversations. I think you will find that you will have to make sure the other party agrees to let you record the call. Otherwise it falls in the category of "wiretapping".

I wouldn't put it past them to allow the FBI to investigate you for wiretapping if they so choose. All they have to say is, "they should have known what to do to make it legal."

I heard that if you are selling a PFFS plan (don't think it applies to HMO's or PPO's), that you have to frisk the client first, and that for any agents certified to sell MA's CMS has ruled that they have given implied consent to have their offices and homes randomly searched at any time.

Anyone else here this?

 

[Newby]

This just in!

In order to be compliant in 2009 you must now be invited to Thanksgiving dinner, film the whole dinner from 4-different camera angles, never bring up Medicare or ANY type of health insurance until the prospective client has said "I beg of thee, I beg of thee, I beg of thee" 3- times with their right hand placed on the 2009 Medicare and You book.

This is ALMOST getting ridiculous.

 

[Hank]

This just in!

In order to be compliant in 2009 you must now be invited to Thanksgiving dinner, film the whole dinner from 4-different camera angles, never bring up Medicare or ANY type of health insurance until the prospective client has said "I beg of thee, I beg of thee, I beg of thee" 3- times with their right hand placed on the 2009 Medicare and You book.

This is ALMOST getting ridiculous.

You had me laughing, snorting and choking on my breakfast sandwich with this one !

But I would not put it past CMS to do !