In 2022, CMS introduced new rules requiring agents to record Medicare marketing, sales and enrollment calls. Three years later, many agents are still struggling with these requirements. Here at Western Asset Protection (WAP), as part of our ongoing commitment to help agents leverage technology and work efficiently, we offer our agents an easy way to master CMS call recording compliance.
Why Do Agents Need to Record Calls?
CMS states that it implemented the final rule on call recording in response to an increase in complaints about inappropriate marketing.
The call recording requirement applies to all third-party marketing organizations (TPMOs), including all organizations and individuals that receive compensation for performing lead generation, marketing, sales, and enrollment-related functions. This is NOT just for call centers. CMS clarifies that the call recording rules apply to independent agents and brokers.
Which Calls Need to Be Recorded?
The call recording rules apply to all inbound and outbound marketing, sales and enrollment calls. The requirements also apply to Zoom calls and other calls that use similar technology; however, they do not apply to in-person interactions.
The beneficiary does not have the authority to override this requirement. CMS says that if the beneficiary declines to be recorded, you must end the call.
Call Recording Retention and HIPAA Compliance
Agents are required to retain recordings for a minimum of 10 years. For a busy agent, that’s going to necessitate a lot of storage. However, storage isn’t the only issue agents must consider. They also need to think about data security and HIPAA compliance.
Enrollment calls involve a lot of highly sensitive, personally identifiable information. If this data fell into the wrong hands, your clients could be at risk for identity theft. Although the recordings are legally permissible under HIPAA, they must be stored in a HIPAA-compliant manner that keeps beneficiaries safe.
How Can Agents Easily Comply with Call Recording Requirements?
Although some smaller agents have complained that they lack the infrastructure needed to record conversations, CMS says it is treating all agents and brokers the same, with no distinction between individual independent agents and large call centers. Everyone must comply.
CMS has also declined to recommend any particular brand or mechanism that agents should use to comply with the requirements.
Western Asset Protection can help. We offer a free call recording option that makes compliance easy. With this solution, WAP agents can:
- Receive a free, unique Integrity agent phone number
- Automatically record inbound and outbound calls
- Link recordings to your contact records for easy retrieval
- Store recordings for 10 years
- Access the Ask Integrity feature for call summaries and transcripts
Are you ready for the busy AEP season? Don’t let call recording requirements slow you down or put you at risk of noncompliance. Contact WAP to learn more.