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If the initial method of contact is cold call, there is no consent to contact via CMS managed care marketing guidelines, which applies to medicare advantage, part d, and all medicare products in the state of Ohio.
If the initial contact method was cold call and an agent sells that person a MAPD plan without being disclosed that it was a cold call, they can lose their license, all future mapd commissions, all part d commissions, etc.
It takes 1 offense. It does not matter if you know the law. It does not matter if the lead company did it and you did not know. You are the one responsible for following that law.
I believe there is some sort of fine also attached, and the carrier can also be punished.
It takes 1 phone call from a customer who is unhappy to 800-medicare, then them saying, "yeah this agent's company called me with a telephone survey then they called and sold me this insurance, im not happy with it now", and the CMS rep saying "oh let me start this process, you cannot change this time of year always, but the way they sold it to you is illegal and we can change your plan now by filing a complaint against the agent to get you the health care plan you want."
Then you're toast, the carrier is probably also going to get a slap on the wrist of some sort, and the lead company sells to the next sucker that didn't double check.
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