Employers may have employees and/or their spouses that are eligible for Medicare (usually due to being age 65 or older) who may have questions about Medicare. It is useful for employers to be aware of new compliance changes for Medicare so they can inform their employees before they talk to agents certified to help them with their Medicare options.
There are 2 new compliance changes for any Medicare Advantage or Part D (prescription drug) plan with a 2023 effective date:
1. New Required Disclaimer
“We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.”
In almost all circumstances, agents need to include this disclaimer in their marketing materials, during phone calls, on their website, and during any sales meetings with beneficiaries. This disclaimer needs to be verbally made within the first minute of a call with a beneficiary to discuss a 2023 Medicare Advantage or Medicare prescription drug plan.
2. New Recorded Sales Calls Requirement
Also, agents need to record all telephonic sales calls with beneficiaries and retain those recordings for 10 years. If beneficiaries don't want to have their telephonic meeting recorded then they can meet in person with the Medicare certified agent.