CMS Call Recording Requirements and Your Options as an Agent
The new CMS call recording requirements for 2022/2023 sent ripples through the Medicare world. Agents immediately started researching the logistics and technology needed, as well as the requirements for when recordings should be taken and how long they need to be retained.
We jumped into action, as well, finding multiple options that will allow our agents to record calls in accordance with CMS requirements. We’ve been holding webinars, arranging demos, and compiling FAQ. The result? Your one-stop resource for CMS call recording requirements and technology.
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Meet CMS Call Recording Requirements with NCC's Solutions
National Contracting Center’s compliance department recommends you utilize two solutions to cover your bases for the new CMS ruling.
Why do we recommend two solutions?
Americomm offers an affordable, easy, on-the-go solution for busy agents. Record calls directly from your mobile phone so you have freedom to do business everywhere. Enrollment Central is an office friendly solution, agents must be logged in and connected to internet to access.
Americomm is your mobile solution; Enrollment Central is your enrollment solution. NCC recommends you utilize both.
Americomm: Your Mobile Solution
National Contracting Center is partnering with Americomm to bring technology solutions to your business. As one of the nation’s premier brokerages, Americomm provides resources and carrier solutions needed to service the ever-changing needs of businesses across the US.
- General Monthly Cost: $15 – $30 per line/per month
- One Time Start-Up Cost: $200/line
- Contract Required
- Recommendations are NCC approved
- Includes VOIP and storage
Enrollment Central 2.0: Your Enrollment Solution
Enrollment Central 2.0 is NCC’s online Medicare quoting and enrollment platform for MA/MAPD/PDP business. With a single tool, you can send electronic SOAs, quote plans, submit enrollments, and store drug lists. In addition, Enrollment Central 2.0 offers call recording capabilities.
- No cost to the agent
- Records inbound/outbound calls
- Not a remote solution
- To record, you must be logged in to Enrollment Central 2.0
- Includes storage for 10 years, per CMS regulations
To assist our agent and agency partners comply with CMS telephonic recording requirements under 42 CFR §422.2274 (g)(2)(ii), NCC can refer you to a technology vendor who specializes in telephonic call recordings and record retention of those recorded calls. As a reminder, CMS rules require that all telephonic calls related to a sales, marketing or enrollment activity must be recorded and retained for the minimum period. This includes calls conduced via Zoom, Facetime, Skype, or other technology-based platforms.
Any referral NCC makes relative to a technology solution is solely limited to that function. You are ultimately responsible for assessing the technology vendor’s performance as it relates to your business needs, including but not limited to reviewing the contractual terms that is entered between you and the technology vendor, any costs, early terminations, financial penalties and other business considerations. NCC makes no warranty as to the technology vendor’s performance, compliance, contractual obligations or any other aspect.
Webinar: Call Recording This AEP
Concerned about that new CMS final rule on call recording? We hear you and we’re here to help. Join the NCC team, including our Head of Compliance, as we’re joined by tech guru Courtney Anderson of Americomm. Learn about NCC’s recommended call recording solution for this upcoming AEP and have your compliance and technology questions answered by our experts.
You must be logged in to nccagent.com to view videos.
Webinar: Call Recording with Enrollment Central 2.0
Join the NCC team as they roll out the new call recording features for the Enrollment Central Platform and NCC’s Compliance Officer answers last-minute questions before AEP.
CMS Call Recording Requirements: FAQs
Find answers to your general questions about CMS call recording requirements below, or download call recording technology faqs.
Carrier Compliance Guidelines
Insurance carriers are the responsible party for enforcing CMS rules. If you offer multiple plans, check your carrier’s requirements before you write the plan. Whatever carrier you write a policy with, you must abide by that carrier compliance guidelines. For direction, please see the link below.
NCC Compliance Guidelines
Our compliance department at NCC works hard to translate complicated CMS rulings into comprehensive, easy to understand language. Check out our downloads below for more information.
CMS Call Recording FAQ
On October 19, 2022, CMS released a new FAQ document for call recording requirements. You can download the pdf below.
Commonly Asked Questions
The rule is in place for 2022/2023, so you should begin recording calls as you do business on October 1, 2022 and beyond.
HIPAA compliance requires that you retain recorded calls for 10 years.
The rule applies to all calls, both voice and video, that fall within the “chain of enrollment” as defined by CMS. The chain of enrollment begins when you first make a beneficiary aware of an MA or PDP plan and ends when you submit an application on behalf of the client.
While the chain of enrollment does not specifically apply to Medicare Supplements, if you are selling that Med Supplements in conjunction with a PDP, you will need to record those calls.
Each Medicare carrier will provide their own compliance translation of the CMS ruling. NCC recommends you refer to and comply with that carrier’s translation when enrolling a beneficiary into that carrier’s plan.
No. However, any follow-up phone calls with the client to discuss specifics and answer questions would need to be recorded.
Yes, a disclaimer must be read within the first minute of the call. This is both good business and required by law in many states.
In the same memo in which CMS announced the call recording rule, they also introduced a disclaimer that must be conveyed in all marketing interactions. That includes email and chat conversations with clients, printed marketing materials, agent websites, and yes, sales calls. Within the first minute of the call, you must give the following 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 your options.”
If you choose your own solution, you must abide by the following basic guidelines:
- HIPAA compliant
- Recording for inbound/outbound calls
- Accessible 10-year data storage
Need More Info on CMS Call Recording Requirements and Available Solutions?
We understand that these new requirements may feel like a burden, and we’re here to help. Give us a call at 800-695-0280, and one of our Specialists will help you ensure you’re ready to sell compliantly this AEP.