CMS Telephone Recording Requirement

[thereaper]

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?

You have to have the letter signed before the appt not at the appt. You can mail, email or fax but regardless of how you do it you have to have the letter back before the appt unless you have a storefront and they are a walkin, in which case you have them sign the letter at that point agreeing to what is to be discussed.
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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.

All you have to keep is a call log of people who called you, but unless those people you promised to call 6 months ago are not specifically your clients, you cannot call them.

 

[jdeasy]

You have to have the letter signed before the appt not at the appt. You can mail, email or fax but regardless of how you do it you have to have the letter back before the appt unless you have a storefront and they are a walkin, in which case you have them sign the letter at that point agreeing to what is to be discussed.
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All you have to keep is a call log of people who called you, but unless those people you promised to call 6 months ago are not specifically your clients, you cannot call them.

Some are people that called me, but, most are people that I met while working FE and wanted to enroll in an MA plan, but, couldn't because it was lock in. Wellcare says that I can call these people and just have them sign an attestation to the fact that they had asked me to call them. Pyramid says I "should" send a letter to those people reminding them of my promise to call and have then call me. I like Wellcare's idea better.

 

[Crabcake Johnny]

All these regulations will make it a feeding frenzy for the agents who simply don't give a s**t.

All the ethical agents will follow the rules while the few rule violators go to town.

You know, murder is illegal. As Baltimore how that's going.

 

[GreenSky]

All these regulations will make it a feeding frenzy for the agents who simply don't give a s**t.

All the ethical agents will follow the rules while the few rule violators go to town.

You know, murder is illegal. As Baltimore how that's going.

Not true John. I'm as ethical as any agent and I can't figure out how to follow the rules completely.

As an example, if on 10/31 I receive a phone call from a person eligible for Medicare on 11/1 who wants to enroll in an MA plan over just a PDP, how can I get something to them in advance of the appointment to sign? Can't be done and I won't even try. I'll see the guy and sign him up so that he can be covered the next day. CMS will (of course) call this a violation. I don't mind (too much) in having a form signed at the time of the appointment.

I have many people that invited me to contact them during this AEP. They are not yet my clients. I plan on calling them. Will this be a CMS violation. Probably, but I just don't know how else to help someone who wants my help.

As far as murder in Baltimore; it could be Detroit.

Rick

 

[Crabcake Johnny]

My point is these new rules will be of zero concern to agent who don't care about rules in the first place.

While you're trying to figure this all out they'll be agents out there cold-calling seniors, inviting them to full lunches, selling them MA and annuities and simply hope they don't get caught.

 

[retread]

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

I feel the need to correct my post.

Check out the FCC site:

Recording Telephone Conversations

In short:

"The Federal Communications Commission (FCC) has adopted rules regarding the manner in which telephone companies may record wireline telephone conversations. The FCC currently has no rules regarding recording of telephone conversations by individuals, but federal and many state laws may prohibit this practice."

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Speak in haste, repent at leisure...
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[Thatguy]

Everyone is in arms with the new CMS requirements, and they have a right to be; however, there are MAJOR loops holes in the requirement that can be used to still book appointments legally! I suggest you contact a medicare attorney for the specifics. My attorney has given me some excellent advice on ways to legally comply and still do business.

 

[MedSuppPro]

Everyone is in arms with the new CMS requirements, and they have a right to be; however, there are MAJOR loops holes in the requirement that can be used to still book appointments legally! I suggest you contact a medicare attorney for the specifics. My attorney has given me some excellent advice on ways to legally comply and still do business.

OK, so where's the beef!

 

[patch36]

Everyone is in arms with the new CMS requirements, and they have a right to be; however, there are MAJOR loops holes in the requirement that can be used to still book appointments legally! I suggest you contact a medicare attorney for the specifics. My attorney has given me some excellent advice on ways to legally comply and still do business.

Thanks for sharing

I bet the advice was worth every penny you paid for it...

...and to think you shared it with us for nothing.

 

[midwestbroker]

There has to be permission prior to the appointment to go over what you are talking about.

Well, CMS has not determined what prior is...1 minute prior to the appointment.

If I get to an appointment's home and say...

Before we begin this appointment, I need your signature to allow me to discuss Medicare with you. Please sign here and we can begin. Once they sign the document, then I can say, now we can begin our appointment.

By definition and by me stating that, I have not begun my appointment, and I am in compliance.