Medicare agents face an ever-evolving landscape of compliance requirements, and one of the most critical rules involves call recording for Medicare Advantage (MA) and Part D plan discussions. As we approach the 2025 Medicare plan year, it's essential to understand the current regulations, tools available, and how recent changes can make compliance more straightforward than ever.
The Evolution of Call Recording Rules
In October 2022, CMS introduced, a new Final Rule requiring agents and brokers marketing Medicare Advantage and Part D plans to record all calls related to these products. The intent was to protect Medicare beneficiaries from misleading marketing practices and ensure accurate information is provided during sales and enrollment.
After initial confusion and industry feedback, CMS updated the requirements with the 2024 Final Rule, effective June 2023, clarifying:
What call must be recorded: Only marketing, sales, and enrollment calls are subject to recording.
Exclusions: Calls unrelated to sales, such as appointment scheduling or post-enrollment follow-ups, do not need to be recorded.
Recording scope: Applies to phone, virtual calls (i.e., Zoom, WebEx, FaceTime), and teleconferencing. In-person meetings are exempt.
Who Must Comply
The rule applies to all Third-Party Marketing Organizations (TPMOSs), which CMS defines broadly to include organizations and individuals (like independent agents and brokers) involved in lead generation, marketing, sales, and enrollment for Medicare Advantage or Part D plans.
Compliance in Practice
Recording Calls
Agents must record both inbound and outbound calls and retain these recording for at lest 10 years in a HIPAA-compliant manner. This ensures documentation is available should CMS investigate a complaint.
Required Disclaimer
CMS mandates a disclaimer be share during the first minute of recorded calls:
If you don’t represent every plan in the client’s area:
“We do not offer every plan available in your area. Currently, we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Assistance Program (SHIP) to get information on all your options.”
If you represent all plans in the area:
“Currently, we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. You can always contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Assistance Program (SHIP) for help with plan choices.”
This disclaimer must also be included in all marketing materials but is not required for in-person meetings.
New for iPhone Users: One-Click Call Recording
For agents using iPhones with iOS 18.1 or later, compliance just got a little easier. The latest update includes a built -in on-click call recording feature. This user-friendly tool allows you to:
Record inbound and outbound calls effortlessly.
Save recordings securely for the required 10 years.
Access files directly on your device or transfer them to a HIPAA-compliant storage solution.
This feature is a game-changer, enabling agents to stay compliant without investing in third-part software.
Exclusions and Important Notes
Agents should note the following:
Products exempt from recording: Medicare Supplement (Medigap) plans and ancillary products.
Unrecorded calls prohibition: Federal law supersedes state opt-out options. If a beneficiary declines to be recorded, the call must end, and an in-person meeting should be scheduled instead.
Set Yourself Up for Success in 2025
Compliance isn't just a legal requirement—it's a way to build trust with your clients. With tools like one-click call recording on iPhones and comprehensive support from Advocate Financial, staying compliant has never been easier. For any questions regarding the CMS 2025 Medicare Call Compliancy, do not hesitate to contact our office!
This content is for licensed insurance agents only and is not intended for consumer distribution. Agents are responsible for complying with CMS guidelines.