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Understanding the CMS Final Rule 2023 & How to Comply


What is the CMS Final Rule 2023?

The CMS Final Rule 2023 was a brand-new regulation that the Center for Medicare & Medicaid Services (CMS) announced a few months ago. This regulation requires agents to record and archive all “marketing” calls for Medicare and Medicaid. The current implementation date for this regulation is October 1, 2022.

NAHU further outlines this ruling:

“All agents who enroll beneficiaries into new plans, whether they are current clients or new customers, must comply with the recording obligation. Although “marketing” calls are mentioned in the rule’s language, NAHU stated that CMS treats “enrollment” as “marketing.” Online applications that agents help their clients through are likewise subject to recording. A ship is an exception to the rule.

It is significant to remember that discussions concerning this decision are still ongoing and that more revisions might be made. Visit these sources for further details on the CMS Final Rule 2023:

Using an AMS to Help You Stay Compliant with the CMS Final Rule 2023

Agents must now abide by two important aspects of the decision:

  1. All “marketing” calls must be recorded by agents.
  2. Agents are required to save all call recordings.

You can record phone calls using various programs, but knowing where to save the recordings so they are simple to find is crucial. A few locations to keep call recordings are:

  • local file directory (i.e., File Explorer)
  • cloud-based storage for files (i.e., Google Drive, Dropbox)
  • CRM or the Agency Management System (AMS)

Using a local file folder can lead to accessibility problems because not everyone on your team may have access to it. While it can keep the recordings close at hand for you, sharing them is more complicated. Additionally, once you have multiple recordings in your folder, the organization may become a challenge.

The call recordings are easier to access through a cloud-based file repository, but there is no way to link the call recordings to client information in your CRM or AMS using this approach.

By immediately tying the call recording to the client’s profile, an AMS or CRM improves the efficiency of both storing and accessing your call records. Having all of your data in one place makes retrieval easier and improves the efficiency of your customer service and data management activities.

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