Do you know the answers to the compliance related questions below?
Q: According to CMS, what are the only methods agents can use to make unsolicited direct contact with potential clients?
Agents may only make unsolicited direct contact with potential clients using the following methods:
- Conventional mail and other print media (e.g., advertisements, direct mail)
- Email – provided all emails contain an opt-out function (text messaging, including messaging on social media platforms, falls under unsolicited contact and is not permitted)
NOTE: Unsolicited contact is contact that is not asked for or requested by the consumer. Whereas solicited contact means a consumer has given express consent to be contacted by a sales agent for the purpose of receiving information about Medicare insurance plans.
Q: True or False. Contacting a “referral” from a current client is allowable.
False. The “referral” alone does not give you permission to contact. The referred consumer would need to contact you or complete a compliant permission to contact form. Either way, the contact must be initiated by the consumer.
Q: Can an agent leave “windshield flyers” on random automobiles to generate leads for Medicare Advantage or Prescription Drug Plans?
No. Leaving Flyers, Leaflets, etc. at residences or on cars is considered prohibited unsolicited contact. (Note: this is only permissible if you have a pre-scheduled appointment who is a “no-show”)
Q: Can an agent call their current clients to discuss general plan information and promote other Medicare plan types?
Yes. CMS allows agents to call or contact their current clients to discuss or inform them about general plan information, such as Annual Enrollment Period (AEP) dates, plan changes, educational events, or to promote other Medicare plan types or to discuss plan benefits (ex. contact your PDP enrollees to promote MA-PD products).
