Medicare calling rules: what dialer users need to know
Medicare marketing rules are far stricter than general telemarketing rules. Why cold-calling Medicare prospects with a dialer is off limits, and what to do instead.
·2 min read
Published by Text2Sale · Updated . Product questions or corrections: support@text2sale.com.
Agents who sell both under-65 health insurance and Medicare plans sometimes assume the same dialer campaigns work for both. They do not. CMS, the agency that runs Medicare, sets marketing rules for Medicare Advantage and Part D plans that go well beyond the general telemarketing rules.
This is a summary for orientation, not legal or compliance advice. Follow your carriers' and FMO's guidance and the current CMS marketing guidelines.
No unsolicited outreach
CMS rules prohibit unsolicited contact with Medicare beneficiaries about Medicare Advantage and Part D plans, including cold calls, door-to-door visits and unsolicited texts. Calling is allowed when the beneficiary asked to be contacted, such as by requesting information or returning your call, within the limits CMS sets.
A purchased list of people turning 65 is not permission to call them about Medicare Advantage.
Recording and disclaimers
Third-party marketing organizations must record Medicare marketing, sales and enrollment calls in their entirety and give a required disclaimer early in the call. Text2Sale's dialer does not record calls, so it is not the right tool for Medicare sales calls that must be recorded.
Scope of appointment
Before discussing specific plan types in a sales appointment, agents generally need a documented scope of appointment, with a waiting period before the meeting in many cases. Build that into your process rather than discussing plans on a first call.
Keep lines of business separate
Keep Medicare contacts out of the lists you run through a predictive dialer. Tag them separately in your CRM, work only inbound inquiries and permitted follow-ups, and use systems that meet CMS recording requirements for those calls.
- ✓Separate Medicare contacts from under-65 lists
- ✓Only contact beneficiaries who asked to be contacted
- ✓Use recorded lines for Medicare sales calls
Key takeaways
- →CMS prohibits unsolicited calls about Medicare Advantage and Part D.
- →Medicare sales calls by third-party marketers must be recorded.
- →Text2Sale's dialer does not record calls; do not use it for Medicare sales.
- →Keep Medicare contacts out of predictive dialer lists.
Put this into practice with Text2Sale
Import leads, create follow-up campaigns, organize replies, and connect texting, calling, and appointments in one workspace.
Frequently asked questions
Can I dial under-65 health leads with the same dialer?
Yes, within general telemarketing rules and with the consent your calls require. The CMS restrictions apply to Medicare marketing.
Can I text Medicare prospects instead?
Unsolicited texts are also restricted. Contact only beneficiaries who asked to hear from you.