The disclaimer announced in the 2023 CMS Final Rule extends to telesales calls and must be read within the first minute of the call. This disclaimer now applies to all third-party CY2023 materials as well as telesales calls beginning October 1, 2022.

This rule was implemented after CMS reviewed beneficiary complaints and listened to the sales organizations’ telephonic enrollments. From this, CMS determined that many beneficiaries are confused about the enrollment process as well as the plan choices available to them. This disclaimer was created to help clear up that confusion.

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.”

Although it may feel as though the disclaimer emphasizes what you do not offer, stay focused on what you can offer your prospects. Take time to consider their experience with Medicare benefits, what kind of plan would improve their experience, and work with them to figure out what plans would be best meet their medical and financial needs.

Note: It is anticipated that CMS will conduct surveillance of telesales call recordings to assess compliance during the next year, and they expect all organizations to provide a disclaimer during sales calls.

It is important to update your documents and scripts to ensure that you are incorporating the new disclaimer in time for AEP sales.
 

If you have any questions, please contact GoldenCare’s Medicare Team at 866-862-2325.
 
 

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