Telemarketing MedSupp change to MAPD

[JJ2713]

What do you do in this scenario...?

Telemarketing for MedSupps (you or a telemarketing calls for you)
You get a lead
You call the lead
After speaking to the lead once or several times, the lead changes his mind and wants a MAPD instead of a MedSupp

What do you do?

Just hang up and consider it a failed lead.
Or can you get the lead to request a call back another way in order for you to eventually sell a MAPD?

The lead source would change.
The original lead would be Telemarketing.
The second lead would be - form on website, called your number to request callback, etc.

CMS can't control what a person does.

Say a lead originates from Telemarketing. After you speak with the person, nothing happens. Then he goes to your website and sees more information (or just gets more info from you). Then he calls you back or requests a call back another time for MAPD.

CMS shouldn't have a problem with the agent since the lead sought a call back a second time.

I know this is a grey area.

What have you done in a situation like this?

 

[blackhammockcat]

A great question and one that I am asking myself as well...so when the call back occurs - at that point we obtain a scope of appointment. Doesn’t that satisfy CMS requirements under the most recent marketing guidelines???

 

[JJ2713]

A great question and one that I am asking myself as well...so when the call back occurs - at that point we obtain a scope of appointment. Doesn’t that satisfy CMS requirements under the most recent marketing guidelines???

Well, you can talk about MAPD plans in general without needing a SOA. It's when you discuss specific MAPD plans that you need the SOA.

To answer your question...

Get the SOA as you would from any other person.

If the lead has already made up his mind and wants a MAPD plan, and you've gone over the basics of MAPD plans in a previous call, then when he requests the call-back try to get the SOA at the same time.

If he fills out a form on your website, then his email is included. You can email him the SOA.

If no email, when you call him back, ask for the email, then send him the SOA.

This is assuming you satisfy the SOA through email instead of snail mail or voice.

But this is a grey area, so I don't know if it's allowed. Let's see what others say.

 

[JJ2713]

Are you selling over the phone or setting an appt to meet with them?

Phone... no face-to-face.

As a side note, the telemarketing rule for MAPD makes no sense.

The SOA rule for MAPD and Part D also makes no sense.

 

[Chazm]

That would be an unsolicited phone call and is not allowed

Or an mapd sale that was a result from an unsolicited phone call. However you phrase it

 

[JJ2713]

It just occurred to me since I was just thinking of MAPD and MedSupps...

The same telemarketing rule applies to Part D.

So, if you use telemarketing for MedSupps and the person also wants a Part D, then what?

 

[alphawave2k]

When I think of laws or regulations for that matter, I try to make some sense of why that law or regulation exists. There are natural laws that coincide with man-made laws, and some man-made laws that make no ^&$-ing sense. Thous shall not kill, thous shalt not lie, etc...you get my point here.

Some man-made laws still in existence:.
-In GA It is illegal to use profanity in front of a dead body which lies in a funeral home or in a coroners office. Gosh darn, who knew that?
-In AL It is illegal for a driver to be blindfolded while operating a vehicle...I wonder how long it took these genius lawmakers to think and debate this one!
-In AK, moose may not be viewed from an airplane. And a separate moose law...a live moose may not be thrown from an airplane...I guess it's OK to toss a dead one out, as long as you didn't spot him from the plane.
-In CA, the place we want to be, please know that animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship. What's up with CA animals? drunk, knowledgeable, spiritual beings that can't wait to get it on after they leave these type of premises?

Just to make a point here. So if you're calling about Med Supps, and the prospect says no that is not for me, I'd rather go down the path of an MA plan, then you're breaking the law if you follow up on that request. So I think there's another law/regulation called a bait-and-switch. When I think of bait-and-switch is selling an inferior product or claiming the one advertised is no longer available, therefore the shitty one is the only one left. What if everything was done "by the book". You got a referral, they were dead set on an MA plan, but you dotted all the i's and crossed all the t's, and they decide a Med Supp is what they want? That's not considered a bait-and-switch...why not? It makes you wonder then, that if MA plans are the shitty ones, why are they in existence with the full blessing and expansion of the Govt? The whole thing is preposterous, we all know it.

So here is what I would do, and if someone thinks this is breaking the law, then so be it. Have them send you an email asking you to contact them, because you're not allowed to reach out to them to discuss these type of plans, particularly the benefits associated with any of these plans in any detail. To me that is a reasonable work-around....and spare me the technicalities of it all. I get it! Otherwise....you just say bye-bye. End of story.

 

[JJ2713]

When I think of laws or regulations for that matter, I try to make some sense of why that law or regulation exists. There are natural laws that coincide with man-made laws, and some man-made laws that make no ^&$-ing sense. Thous shall not kill, thous shalt not lie, etc...you get my point here.

Some man-made laws still in existence:.
-In GA It is illegal to use profanity in front of a dead body which lies in a funeral home or in a coroners office. Gosh darn, who knew that?
-In AL It is illegal for a driver to be blindfolded while operating a vehicle...I wonder how long it took these genius lawmakers to think and debate this one!
-In AK, moose may not be viewed from an airplane. And a separate moose law...a live moose may not be thrown from an airplane...I guess it's OK to toss a dead one out, as long as you didn't spot him from the plane.
-In CA, the place we want to be, please know that animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship. What's up with CA animals? drunk, knowledgeable, spiritual beings that can't wait to get it on after they leave these type of premises?

Just to make a point here. So if you're calling about Med Supps, and the prospect says no that is not for me, I'd rather go down the path of an MA plan, then you're breaking the law if you follow up on that request. So I think there's another law/regulation called a bait-and-switch. When I think of bait-and-switch is selling an inferior product or claiming the one advertised is no longer available, therefore the shitty one is the only one left. What if everything was done "by the book". You got a referral, they were dead set on an MA plan, but you dotted all the i's and crossed all the t's, and they decide a Med Supp is what they want? That's not considered a bait-and-switch...why not? It makes you wonder then, that if MA plans are the shitty ones, why are they in existence with the full blessing and expansion of the Govt? The whole thing is preposterous, we all know it.

So here is what I would do, and if someone thinks this is breaking the law, then so be it. Have them send you an email asking you to contact them, because you're not allowed to reach out to them to discuss these type of plans, particularly the benefits associated with any of these plans in any detail. To me that is a reasonable work-around....and spare me the technicalities of it all. I get it! Otherwise....you just say bye-bye. End of story.

Yes, many man-made laws make no sense. And people are a bit brainwashed into thinking that if it's legal, it's good, and illegal, it's bad.

Morality and the law are not the same. Right and wrong is independent of law. Remember slavery? That was legal, and still very wrong.
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This would not be a bait-and-switch situation. I understand CMS not wanting that to happen.

MAPD is not inferior to MedSupp, just different. In certain areas, MAPD is actually superior to MedSupp.

I'm not sure why there are so many rules for MAPD. Perhaps because the plans are not standardized like MedSupps? Who knows.
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Having the lead fill out a form, call you to request a call-back, or as you mentioned, even send you an email requesting to discuss MA/MAPD is what I'm thinking makes sense.

The agent wouldn't be selling the MAPD on the initial call or from the initial marketing method (telemarketing). The MAPD would come from the second marketing method (form, email, etc.).
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As I mentioned before... what if you do telemarketing for MedSupps and the lead also wants a Part D plan? The rule says you can't sell a MAPD or Part D plan from "unsolicited" phone calls (i.e. telemarketing).

I don't know...

 

[Todd King]

That would be an unsolicited phone call and is not allowed

Or an mapd sale that was a result from an unsolicited phone call. However you phrase it

The call was originally about Medicare Supplements, so you can collect an SOA and go from there just like normal. It's the same with mailers. You don't actuall mail for MA's, but use Med Supp mailers. When you get someone that wants to talk MAPD you just get them to sign the SOA.

Hard to prove the old bait and switch on this one.

 

[JJ2713]

The call was originally about Medicare Supplements, so you can collect an SOA and go from there just like normal. It's the same with mailers. You don't actuall mail for MA's, but use Med Supp mailers. When you get someone that wants to talk MAPD you just get them to sign the SOA.

Hard to prove the old bait and switch on this one.

Can you use telemarketing to offer a free report (e.g. Medicare 101), send it to them, then call back another day and do what I mentioned?

Again, a grey area... I don't know.