Jack's Blog on Medicare Plan Choices

Medicare’s “permission to call” policy for marketing is part of its regulations to protect beneficiaries from unsolicited and potentially coercive marketing practices. Here are the key points:

Consent Requirement
Medicare Terminology:  Medicare rules stipulate that plan representatives must obtain explicit permission from a beneficiary before making unsolicited calls.

Jack’s Interpretation: Nobody should call you without your written consent. The exception would be your existing insurance company or existing agent.

Scope of Appointment (SOA)
Medicare Terminology:  A signed Scope of Appointment should be in place, in most circumstances, 48 hours before an appointment.  The Medicare Scope of Appointment is a form that is filled out before a meeting with a Medicare insurance agent and lists what Medicare products will be discussed in the meeting.

Jack’s Interpretation: The SOA is a way Medicare gives YOU control of what YOU want discussed with insurance agents.

Prohibited Practices
Medicare Terminology: Representatives cannot use deceptive or misleading tactics to obtain permission.

Jack’s Interpretation: Agents cannot cold call you with non-Medicare related questions then change the subject to Medicare. It’s called Bait and Switch.

Repercussions for Non-Compliance:

Medicare Terminology: Insurance companies and agents that do not comply with Medicare’s regulations may face penalties, including fines or sanctions from the Centers for Medicare & Medicaid Services (CMS).

Jack’s Interpretation:  There is a price to be paid in suspensions, fines and possible jail time for agents and/or insurance companies.

Here is what I think that you can and should do with an unwanted phone call: 
Get their name and telephone number of the person calling. 
Ask what companies they represent. 
Ask them if they have a signed Scope of Appointment to call you. 
Ask them if they are recording the call as required by Medicare. 
If yes, ask why you were not told when you first answered the call. 
If no, ask them why are they breaking the law?
Tell them that you will report them to 1-800-Medicare. 
See what happens.