CMS Violation or Not?

[jdeasy]

I met with a lady today for FE. It was an FE appointment. We never discussed anything medicare in advance. She wanted a policy and I sold her one. We also talked about a life policy for her daughter, but the daughter wasn't present. She than asked me about medicare and specifically about MA and PDP. I had her sign the SOA form, gave her a little bit of reading materials and scheduled an appointment for next week to discuss the MA and PDP.

She told me that she would have her daughter there when I come back so that she could take out the life insurance policy for her at that time.

Does anyone feel that it would be a violation to discuss life insurance with the daughter at that follow up appointment?

I don't feel it would be, but, I would like opinions. Or, how about this hypothetical, what if the lady had not bought the life policy today, I still scheduled a later appointment for the MA discussion, {at least 48 hours later}, and while discussing that, she says, I would like to buy that life policy we talked ablut last week. Would that be a violation if I took the life app at that time.

See what kind of stuff this CMS bs has going through one's mind!!

 

[AgentOrange]

If you want a laugh call the MA carrier and then call MEDICARE and see what different answers you get ... that should be a good post.

I wouldve signed the lady right there, and her daughter over the phone then sold her LTC policy, taken a signed blank check and charged her a consulting fee. But thats how I roll.

 

[jdeasy]

If you want a laugh call the MA carrier and then call MEDICARE and see what different answers you get ... that should be a good post.

I wouldve signed the lady right there, and her daughter over the phone then sold her LTC policy, taken a signed blank check and charged her a consulting fee. But thats how I roll.

I did sell her the FE policy. I couldn't sell the daughter because she wasn't there to sign. There is no way I would enroll her in an MA plan at a life insurance appointment.

 

[AgentOrange]

well duh.

 

[stormtracker]

Medicare is a CMS violation.

 

[jaugusta]

When at a medicare appointment you can only talk about medicare. You are there on an appointment to talk about medicare with the client. Now her child has set up a seperate appointment with you for FE. You are not talking to the daughter about MA's or MAPD's. You are having two seperate appointments in the same location. You did have a life appointment, she asked you about medicare, you followed the rules and set the appointment up for more then 48 hours. You have already talked about life to the client, thats out of the way, so now you are free to discuss medicare with her, BUT again, her child has a seperate appointment to discuss things that you already talked about before with her mother, and again, you waited the 48 hours, so I say free game.

 

[retread]

When at a medicare appointment you can only talk about medicare. You are there on an appointment to talk about medicare with the client. Now her child has set up a seperate appointment with you for FE. You are not talking to the daughter about MA's or MAPD's. You are having two seperate appointments in the same location. You did have a life appointment, she asked you about medicare, you followed the rules and set the appointment up for more then 48 hours. You have already talked about life to the client, thats out of the way, so now you are free to discuss medicare with her, BUT again, her child has a seperate appointment to discuss things that you already talked about before with her mother, and again, you waited the 48 hours, so I say free game.

I think the 48 hour rule has been dropped by CMS, but would still be a good idea to follow to show your good intentions.

 

[jdeasy]

I think the 48 hour rule has been dropped by CMS, but would still be a good idea to follow to show your good intentions.

I don't think it was dropped for when you were there for life insurance. You may be right, but, I couldn't find it anywhere that said it was dropped in that situation. It actually happened twice yesterday. I didn't discuss MA plans with either person other to have them sign the SOA. It may be overkill.

 

[retread]

I don't think it was dropped for when you were there for life insurance. You may be right, but, I couldn't find it anywhere that said it was dropped in that situation. It actually happened twice yesterday. I didn't discuss MA plans with either person other to have them sign the SOA. It may be overkill.

CMS wrote the 48 hour rule to apply to MA/PDP sales. Read the SOA carefully. It is their intention to prevent cross-sales at MA/PDP appointments. If you had a Life appointment, the 48 hour rule has no basis... but in this case, CMS does want an SOA completed prior to discussing MAs/PDPs. If it is difficult to effect this by mail, then it can be done face-to-face, just as long as it is done before the presentation starts. If I were you, I would complete my Life presentation first. The problem with this is the amount of time this is going to take. It might be prudent to schedule the MA presentation at a later time just due to the length of time in front of your client. Don't want to exhaust either them or you! You don't want to rush to finish both presentations or you will come across as a fast-talking salesman, and you stand to lose both sales.

 

[The Rabbi]

You're such a good boy!!! Be sure to follow all CMS rules to a T. They're watching you because you might be the type of agent who takes advantage of seniors. Don't get hung up on their rules. Bend them like everyone else, just don't break them. If you are morally correct, that's better than what CMS can offer.