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I was reading, very carefully, word for word, the CMS Guidelines, and under Marketing Through Unsolicited Contacts nowhere did I find this pertained to Medicare ...


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Old 10-24-2008, 12:26 PM   #1
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Bob_The_Insurance_Guy on Point of Clarification - Insurance Agent Forum
 
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I was reading, very carefully, word for word, the CMS Guidelines, and under Marketing Through Unsolicited Contacts nowhere did I find this pertained to Medicare Supplement Sales. This is strictly for MA/MAPD or PDP sales.

So...

That means I can contact someone directly, without all the CMS rules and regulations, if I want to talk to them about the new Medicare Supplements available to them now.

Not mentioning Medicare Advantage Plans at all.

Then...

If at that time, THEY say to me, "I also want to find out about these new Medicare Advantage Plans. What can you tell me about them?" To which my response would be, "According to guidelines established by the Centers for Medicare and Medicaid Services, I am not allowed to initiate contact with you, either by phone or e-mail, to discuss Medicare Advantage Plans, or Prescription Drug Plans. For that, you will need to send me an e-mail, or write me a letter, stating that you would like to meet with me to discuss Medicare Advantage or Prescription Drug coverage. My call today was to discuss a Medicare Supplement plan to work in conjunction with your Original Medicare coverage. This may sound a bit backwards, but it is for your own protection, as a Medicare Beneficiary. It eliminates the unprofessional manner in which Medicare recipients have been treated, and it ensures that what you wish to discuss will actually be discussed. This call, however, was to discuss Medicare Supplements."

This would eliminate how I telemarket, or cold call, for new Medicare Supplement business. Correct?

Or...

Am I missing something? With every Certification Test I take, when it gets to Marketing, there is always a pop-up stating that the rules do not apply to Medicare Supplement Plans, just MA/MAPD's and PDP's.

Again, it's not too difficult to outsmart CMS.

------------------------------------
Bob Levine
Legacy Financial Partners
1-888-803-1811
Company Profile
Dental Discount Plans
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Old 10-24-2008, 12:32 PM   #2
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theinuranceguy on Point of Clarification - Insurance Agent Forum
 
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Originally Posted by Bob_The_Insurance_Guy View Post
I was reading, very carefully, word for word, the CMS Guidelines, and under Marketing Through Unsolicited Contacts nowhere did I find this pertained to Medicare Supplement Sales. This is strictly for MA/MAPD or PDP sales.

So...

That means I can contact someone directly, without all the CMS rules and regulations, if I want to talk to them about the new Medicare Supplements available to them now.

Not mentioning Medicare Advantage Plans at all.

Then...

If at that time, THEY say to me, "I also want to find out about these new Medicare Advantage Plans. What can you tell me about them?" To which my response would be, "According to guidelines established by the Centers for Medicare and Medicaid Services, I am not allowed to initiate contact with you, either by phone or e-mail, to discuss Medicare Advantage Plans, or Prescription Drug Plans. For that, you will need to send me an e-mail, or write me a letter, stating that you would like to meet with me to discuss Medicare Advantage or Prescription Drug coverage. My call today was to discuss a Medicare Supplement plan to work in conjunction with your Original Medicare coverage. This may sound a bit backwards, but it is for your own protection, as a Medicare Beneficiary. It eliminates the unprofessional manner in which Medicare recipients have been treated, and it ensures that what you wish to discuss will actually be discussed. This call, however, was to discuss Medicare Supplements."

This would eliminate how I telemarket, or cold call, for new Medicare Supplement business. Correct?

Or...

Am I missing something? With every Certification Test I take, when it gets to Marketing, there is always a pop-up stating that the rules do not apply to Medicare Supplement Plans, just MA/MAPD's and PDP's.

Again, it's not too difficult to outsmart CMS.
I know of some peopel that are doing this. But it takes one complaint to CMS about anything (a claim not paid). When CMS asks how did you get in contact with this agent, if they say he called me, you are out of business.

But there are people doing this no doubt
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Hakim Insurance Marketing, LLC
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Old 10-26-2008, 07:16 PM   #3
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Originally Posted by theinuranceguy View Post
I know of some peopel that are doing this. But it takes one complaint to CMS about anything (a claim not paid). When CMS asks how did you get in contact with this agent, if they say he called me, you are out of business.

But there are people doing this no doubt
Yes, you will always be subject to unfair charges when in business.

As to Bob's strategy, I think it is compliant. All you need to do is document, document, document. Document with paper, document with recordings, document with witnesses if necessary.

Yes, we are being set up. Am I paranoid? Not if they are really out to get us!
------------------------------------
To be truly independent, an agent should not be dependent on a government bureaucrat for contracts or commissions.
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Old 10-26-2008, 09:40 PM   #4
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theinuranceguy on Point of Clarification - Insurance Agent Forum
 
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I am paranoid for sure. Everytime I get a call, if they ask too many questions, I take a step back.

I feel like an ASS not being able to answer plan specifics, but what the hell am I supposed to do?
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Old 10-27-2008, 07:45 AM   #5
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Joe Moore on Point of Clarification - Insurance Agent Forum
 
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Originally Posted by retread View Post
Yes, you will always be subject to unfair charges when in business.

As to Bob's strategy, I think it is compliant. All you need to do is document, document, document. Document with paper, document with recordings, document with witnesses if necessary.

Yes, we are being set up. Am I paranoid? Not if they are really out to get us!
Under the new rules, I would question it being compliant. Seems it would come under the 48-hour cooling-off rule. I see no problem in writing it in 48 hours, but not that same day.
------------------------------------
Joe Moore
National Senior Benefits
Asurco Insurance Marketing
www.finalexpenseagents.com www.shenagents.com
PO Box 1954, Morristown, TN 37816
1-800-226-1004, 1-423-581-1004
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Old 10-27-2008, 10:11 AM   #6
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Originally Posted by Joe Moore View Post
Under the new rules, I would question it being compliant. Seems it would come under the 48-hour cooling-off rule. I see no problem in writing it in 48 hours, but not that same day.
The 48 hr rule is to make an appointment for a different product than the one you are set up with. As long as you follow Bob's strategy and book the re-appointment 48 hrs or later, you would be in compliance.

The point is, you can call without restriction to make Med Sup appointments. CMS never designed this to prevent all contact with beneficiaries, only cross-selling. Two sets of rules apply here: MA plans, and all others.
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