1. Only contact people who asked
Unsolicited door-to-door visits, calls, robocalls, text messages and social media direct messages are not allowed. A call is not unsolicited when the person gave consent or reached out first, such as by returning a business reply card (42 CFR 422.2264).
2. Scope of Appointment first
Before a personal marketing appointment, agree on and record the Scope of Appointment. It must be in writing for in-person appointments, and it is valid for 12 months from the signature date (42 CFR 422.2264).
3. Stay inside the scope
Don’t market other health products that weren’t on the Scope of Appointment without a separate one, and don’t market non-health products such as annuities during the appointment (42 CFR 422.2264).
4. Read the disclaimer before benefits
If you sell for more than one Medicare Advantage organization, say the standard disclaimer before you discuss any benefits (42 CFR 422.2267). Build yours with our disclaimer builder.
5. Record every sales call
Marketing and sales calls, including the audio of web-based calls, must be recorded in full and kept for at least 6 years, in audio for the first 3 years (42 CFR 422.2274).
6. Never imply government approval
Don’t say or suggest that you or a plan is endorsed by Medicare, CMS or HHS, and don’t use the Medicare name or logo in a misleading way (42 CFR 422.2262).
7. Keep your training current
Train and test every year with 85% or higher (42 CFR 422.2274).
Print it: our one-page compliance checklist covers before, during and after the appointment.
General information for licensed agents, not legal advice. Rules change; always follow current CMS, state and carrier requirements.
Keep reading
Phone vs. in-person Medicare appointments: the rules for each
How the Scope of Appointment, call recording and the TPMO disclaimer apply to phone and in-person Medicare Advantage appointments.
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