Legal Telemarketing Pitch?

[Philip Russell]

It’s pretty plain and simple. Printed right here on section 40.3 on the Medicare communications and Marketing guidelines

“Plans/Part D sponsors, and their agents/brokers, may not conduct telephonic activities that include, but are not limited to, the following:
 Unsolicited calls about other business as a means of generating leads for Medicare plans (e.g., bait and switch strategies);”

“Plans/Part D sponsors and their agents/brokers may not make unsolicited telephone calls to prospective enrollees.”

So if we’re speaking technically, the leads you’re buying are important. For example, If you’re purchasing leads that opted for more information. And you’re churning through that, We’re both saying “cold calling” however, again, technically, you’re calling individuals that requested to be contacted. Nover the less the same compliance rules apply. Now with individuals turning 65, a client comes to find a supplement is too expensive for them, they call you back in 3 months to find out if there’s other plans better suited. I’d say you were okay. But that’s me. Main thing. Do what’s best for the clients and youll be fine.

 

[Philip Russell]

It’s pretty plain and simple. Printed right here on section 40.3 on the Medicare communications and Marketing guidelines

“Plans/Part D sponsors, and their agents/brokers, may not conduct telephonic activities that include, but are not limited to, the following:
 Unsolicited calls about other business as a means of generating leads for Medicare plans (e.g., bait and switch strategies);”

“Plans/Part D sponsors and their agents/brokers may not make unsolicited telephone calls to prospective enrollees.”

Also, all the part Ds come from your book when you build it on strictly T65 supplements.

 

[Chazm]

If you work a lead, that’s not cold calling. I’m not following. If I get a DM lead that gives me consent to contact them

 

[Philip Russell]

If you work a lead that’s not cold calling. I’m not following. If I get a DM lead that gives me consent to contact them

Yea, if someone signs a card and sends it back, you're fine. but If you're not calling data, that in some way elected to be contacted, I wouldn't sell anything other than a supplement, if they qualified.
If someone is not qualified for a Supplement or feels better suited for an MA, and they were to call you closer to their enrollment period, in my opinion, you'd be completely fine noting the scope appropriately and giving them any required information at that point. "knowingly Target" are the key words here.

 

[Todd King]

It’s pretty plain and simple. Printed right here on section 40.3 on the Medicare communications and Marketing guidelines

“Plans/Part D sponsors, and their agents/brokers, may not conduct telephonic activities that include, but are not limited to, the following:
 Unsolicited calls about other business as a means of generating leads for Medicare plans (e.g., bait and switch strategies);”

“Plans/Part D sponsors and their agents/brokers may not make unsolicited telephone calls to prospective enrollees.”

Yes, it does say it plain and simple, but if you are not calling as a means to generate lead for Medicare Advantage plans then you are golden. Once you are on the appointment and the person brings it up...you're golden. That's all I've been saying. CMS tends to agree with me or they wouldn't have taken away the 24 hour wait period after signing the scope of appointment.

 

[policywunk]

Yes, it does say it plain and simple, but if you are not calling as a means to generate lead for Medicare Advantage plans then you are golden. Once you are on the appointment and the person brings it up...you're golden. That's all I've been saying. CMS tends to agree with me or they wouldn't have taken away the 24 hour wait period after signing the scope of appointment.

this would have to be noted as as an OB call for method of initial contact on scope.I believe the relaxation of the 24hr rule is just intended to unburden an agent who already has compliant PTC for med supp ,ma and pdp in certain cases.

 

[Philip Russell]

this would have to be noted as as an OB call for method of initial contact on scope.I believe the relaxation of the 24hr rule is just intended to unburden an agent who already has compliant PTC for med supp ,ma and pdp in certain cases.

the issue comes if you're prospecting for ADVANTAGE. if you're not prospecting for advantage plans, and someone ends up NEEDING AN ADVANTAGE plan for themselves; simply because its whats best for them. feel free to leave the beneficiary completely alone for another agent if you're not comfortable with it. But these "grey areas" or "Fine lines" are there for people specifically baiting and switching for their own personal gain.

now, where you fall on that spectrum is between you, your IMO ,and a GOD of your choosing.
just do what you're comfortable with and always help the client...you'll beeee fineeeeeeee

 

[policywunk]

the issue comes if you're prospecting for ADVANTAGE. if you're not prospecting for advantage plans, and someone ends up NEEDING AN ADVANTAGE plan for themselves; simply because its whats best for them. feel free to leave the beneficiary completely alone for another agent if you're not comfortable with it. But these "grey areas" or "Fine lines" are there for people specifically baiting and switching for their own personal gain.

now, where you fall on that spectrum is between you, your IMO ,and a GOD of your choosing.
just do what you're comfortable with and always help the client...you'll beeee fineeeeeeee

I agree but I think agents should at least be aware of the rules..There are CMS rules and than there is the real world however what happens in the real world doesnt change the fact that this is NOT a legal telemarketing pitch - its not even if you are helping the client.

 

[Todd King]

I agree but I think agents should at least be aware of the rules..There are CMS rules and than there is the real world however what happens in the real world doesnt change the fact that this is NOT a legal telemarketing pitch - its not even if you are helping the client.

Exactly what is illegal about it?

 

[policywunk]

Exactly what is illegal about it?

I should have clarified. Illegal to write MA business, intended or not intended ,as a result of this type of telemarketing.