Under CMS marketing rules, a sales call with a Medicare beneficiary about Medicare Advantage or Part D must be:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
CMS requires that TPMO sales calls with Medicare beneficiaries be recorded, and marketing calls may be made only to beneficiaries who have previously consented to receive marketing contact. The recording provides a verifiable record of what was discussed and any permissions given. Beneficiaries must also be able to opt out of future contacts. These rules guard against misleading sales practices in the Medicare Advantage and Part D markets. Recordings and consent records must be retained by the TPMO and made available to CMS or the plan upon request. A beneficiary may revoke consent at any time, and the TPMO must honor that revocation promptly. For producers, failing to record a required call or contacting a non-consenting beneficiary is a marketing compliance violation.
Why the other options are wrong
- B) Callers must identify themselves; hiding the caller's name violates the disclosure rules.
- C) Marketing contacts require prior consent; publicly listed numbers do not waive the consent requirement.
- D) The recording and consent rules apply to MA and Part D marketing, not only to Medigap.
Memory hook
Consent first, record always: CMS wants every Medicare sales call on tape and invited.