Medicare Advantage And Part D Compliance Changes For 2023

To be a compliant Medicare insurance agent for 2023, you will need to 1) include a new disclaimer explaining that you do not offer all available plans and will need to 2) record all sales calls with beneficiaries and retain those recordings for 10 years.

New Required Disclaimer

For 2023, Medicare added a new disclaimer which insurance agents are required to include on their websites, in marketing and during sales calls and meetings. Most Medicare agents select specific plans in their area to sell and contract with those carriers. Sometimes agents are not able to offer all plans. With that selection, they limit the offerings they promote to clients, which could mislead Medicare beneficiaries. Medicare wants its beneficiaries to know if agents are not comparing all available plans and understand where they can learn about all available options.

If you do not sell all available Medicare Advantage and Part D Prescription Drug Plans in your area, you will need to comply with the new 2023 regulation by including the new disclaimer. This disclaimer is as follows:

“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.”

Include this disclaimer on all marketing materials. Use 12pt font for print marketing, and add the disclaimer in electronic, television and radio ads as well. 

Give this disclaimer within the first minute of all sales calls. Display the text prominently on your website. During any sales meeting with a Medicare beneficiary, include the disclaimer verbally, electronically, or in writing.

Recorded and Retained Sales Calls

Any calls that fall under the chain of enrollment will now need to be recorded and retained for 10 years. That includes calling leads, scheduling appointments, completing Scope of Appointment forms, presenting plans, collecting drug and provider information, and phone enrollments.

Check with your phone provider to see if they offer call recording if you do not already use that feature. You can switch to a different provider that provides call recording or use Zoom calls or Google Voice when making calls related to enrollment to become compliant with the new 2023 Medicare regulation. Work with your IT professional to retain those recordings securely and protect the privacy of your clients.

To learn more about becoming a compliant Medicare insurance agent or to access agent support, work with Magellan Healthcare.