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Home Archive by category "Medicare compliance"
TCPA compliance

TCPA Compliance

By Ed Crowe | Medicare compliance | 0 comment | 30 April, 2024 | 0

Before we go over TCPA compliance, we will go over what TCPA is and why it is important. The TCPA is the Telephone Consumer Protection Act. TCPA was put in place in 1991 and has been amended many times since it’s inception. The focus of TCPA is to stop the repetitive, irrelevant, or excessively intrusive calling practices of marketers.

What is TCPA Compliance

The TCPA regulates telemarketing calls, auto-dialed calls and prerecorded calls as well as text messages, and unsolicited faxes. It requires businesses to obtain consent from consumers before contacting them for marketing purposes using either automated telephone calls or text messages. In addition, the TCPA mandates identification and disclosure requirements for telemarketing calls. This includes, providing accurate caller identification information and honoring the National Do Not Call Registry.

Because technology and communication always changes, businesses may have a difficult time staying compliant with the TCPA regulations. However, if you understand the key factors of TCPA compliance and put necessary measures in place to comply, you can operate your business effectively without issue.

Learn about FCC changes to the TCPA

Key Components of TCPA Compliance

Prior Express Written Consent

In order to comply with TCPA regulations, businesses need consent from consumers before initiating telemarketing calls or sending marketing text messages. This consent must be clear, conspicuous, and obtained without any coercion.

Caller Identification

Telemarketers must provide accurate caller identification information, including name and telephone number of the business or individual placing the call. This ensures transparency and helps consumers to decide whether to answer the call or not.

National Do Not Call Registry

The TCPA mandates that businesses do not make telemarketing calls to numbers listed on the National Do Not Call Registry, unless they have obtained consent from the consumer. It is important to regularly scrubb all call lists against the DNC registry to avoid violations. Calling anyone on the DNC list can result in a hefty fine for the individual using the call center’s services or placing the call themselves. This is important for anyone who purchases call leads or uses a call center to generate leads to know.

Opt-Out

Businesses must provide consumers with an easy way to opt-out of receiving messages. This lets consumers revoke consent to receive either telemarketing calls or text messages. Once a consumer opts out, the business must honor the request and promptly cease all marketing communications.

Recordkeeping

It is important to keep accurate records of both consent and opt-out requests for TCPA compliance. Businesses should keep detailed records of consent agreements that include date, time, and method of consent, to demonstrate compliance in the event of an audit or legal dispute.

Find out about RetireFlo service for Medicare agents and make compliance easy.

    Consequences of Non-Compliance

    If your business is non-compliant with TCPA regulations, you may face one or more of the following consequences:

    1. Regulatory authorities may impose sizable fines and penalties on your business.
    2. Consumers may initiate a class action lawsuit against your business.
    3. Your business may suffer damage due to loss of conusmer confidence.
    4. Consequences may also cause a fianancial loss and disrupton of your business operations.

    Due to the potential repercussions of non-compliance, businesses should make TCPA compliance a priority and put compliance measures in place to mitigate risks effectively.

    Health sales agents learn 5 key elements for a compliant phone recording – watch a quick video

    How to practice TCPA Compliance

    Implement Consent Management Systems

    Use consent management systems to capture, store, and manage consumer consent to contact. These systems streamline the process of obtaining and documenting consent. This reduces the risk of non-compliance.

    Compliance Audits

    It is a good idea to conduct regular audits of telemarketing practices and data management processes to ensure compliance with TCPA regulations. This way you can identify areas of concern and take corrective action and avoid risks.

    Employee Training

    Employers must properly train any employees involved in telemarketing activities to ensure they understand TCPA regulations and compliance requirements. If employees are trained properly, compliance and accountability within the organization are more easily attained.

    Monitor Regulatory Changes

    Staying informed about changes to TCPA regulations and guidelines issued by regulatory authorities will ensure your compliance strategies align with evolving regulatory requirements and industry standards.

    TCPA compliance is a critical aspect of business operations, particularly for organizations engaged in telemarketing and text message marketing activities. Understanding TCPA compliance and implementing best practices helps businesses avoid unneccessary risks. TCPA compliance not only safeguards businesses from legal and financial liabilities but also demonstrates a commitment to ethical and responsible marketing practices.

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    How to sell Medicare plans over the phone

    How to sell Medicare plans over the phone

    By Ed Crowe | Medicare, Medicare compliance, phone and home Medicare sales | 0 comment | 8 January, 2021 | 0

    How to sell Medicare plans over the phone

    It is not difficult to learn how to sell Medicare plans over the phone.  We will provide the blueprint in the article below.   If you do not have experience in Medicare sales, there are some steps to take prior to starting.

    You will need a health insurance license to sell Medicare plans

    Click here to see the steps to get a health insurance license

    Starters guide for Medicare Contracting

    After you have an insurance license, there are steps to take for contracting and certifications.  Use the link for step by step instructions.   Medicare contracting and certifications guide

    How to sell Medicare plans over the phone- The set up

    There are a number of ways to sell Medicare plans over the phone.   The most obvious option is to get set up as a call center/telesales agency.  While this set up can ultimately work very well, there are some obstacles to doing it which are time and cost.  Call scripts will need approval by the carriers. All calls will need to be recorded as well. The other negative is the cost to start the call center.  Those with funding and time to invest should call us to discuss the call center option further at 203-796-5403 or email Edward@croweandassociates.com.    For most people we will suggest a different approach.

    Selling by phone in conjunction with online enrollment

    A quicker and less expensive way to start is selling over the phone and processing enrollment online. The online enrollment function is available at no cost through our online enrollment portal Connect4Medicare  (C4M)  C4M provides agents with their own approved enrollment website and consumer facing URL.  Agents and prospects can quote and compare plans, run drug comparisons, search doctors and enroll prospects online without a face to face meeting.  The agent can enroll the prospect or the prospect can self enroll through the link sent to them by the agent. You can text or email the enrollment links.  CLICK HERE TO LEARN MORE ABOUT CONNECT4MEDICARE   Under this set up, agents can talk to prospects over the phone and then email or text them the link to complete the enrollment.

    How to sell Medicare plans over the phone: Generating lead volume

    You will need to generate prospects to try to close so figuring out the method to use is important.  There are a number of ways to do this but we will focus on two of them here.

    Telemarket leads:  There are companies that will generate leads by phone at a set price per lead.  The calls are recorded and the information is sent to the agent to close the sale.  We have worked with a vendor to offer one of the best prices for teleleads.  With call back leads at $10.00 and live transfers at $16.00 a large amount of volume can be generated at a low cost.  CLICK HERE TO LEARN MORE

    Online leads:  Online leads are also a good way to generate prospect volume at a low cost.  You can get online leads for $8 to $15 each depending on the lead aggregator/lead company.  Shared and exclusive leads are available but we suggest using shared leads due to the high price point of exclusive leads.

    CLICK HERE TO LEARN MORE ABOUT USING ONLINE LEADS

    We offer a free lead program to help off set your lead costs- Learn more about the Crowe and Associates Free Medicare Lead Program

     

    How to sell Medicare plans over the phone: Other important things to know

    Having the correct set up for phone sales is important but organization is also key. As a result, it will be important to have a good CRM. Connect4Medicare is a basic CRM but we suggest having your own in order to stay organized.  It will be important to keep all prospects in your database, schedule return calls and keep notes on each call.   In addition, you need to have a scheduled routine every day.  How many leads will you work? What time will you be contacting new prospects vs. calling existing prospects you are working with?   Other things to consider are: How much money will you have in your daily lead budget?  Do you have access to all competitive plans in the area/states you are working?   Thought and preparation is needed in order to be successful when starting any type of phone sales.

    WORK WITH ONE OF THE NATION’S TOP FMOs.  CLICK HERE TO GET STARTED.

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    2021 Medicare Updates

    2021 Medicare updates

    By Ed Crowe | Medicare compliance | 0 comment | 7 January, 2021 | 0

    2021 Medicare updates

    2021 Medicare updates will focus on changes that brokers should be familiar with.  In most years, CMS (Center for Medicare and Medicaid Services) makes updates and changes to marketing and sales rules and max allowable commissions .  One of the larger changes they put in place is the change to the scope of appointment rules.  In the past, an agent needed to document the scope of appointment form 48 hours prior to the sale.  That is no longer a requirement. SOA forms at the time of the appointment (prior to starting it however) are allowed.

    Here are some changes that will impact all Medicare agents:

     Commission Increase:

    Since 2009 max allowable commissions for Medicare advantage and Medicare part D plans have increased every year.  PA, CT, DE, CA, and NJ will continue to have higher max commissions than other states for 2021.Here is the commission breakdown for all states.  Click here for 2021 Medicare commissions full grid

    Medicare Advantage PDP
    Plan Year National Rate PA, CT, & DC CA & NJ National Rate
    2021 $539 $270 $607 $304 $672 $336 $81 $41

    2021 Medicare updates: Client referrals

    CMS has changed the regulations that limited when an agent could solicit referrals and the types of gifts that can be given for those referrals. Keep in mind, the nominal value of the referral gifts still applies. (Limited to $15 retail value per referral)

    Change to marketing event invitations

    Invitations to any type of sales (Formal or informal) or educational event through any form of media must have a specific statement:  The statement is: “For accommodation of persons with special needs at meetings call <Phone Number and TTY number>.”

    2021 Medicare updates: Educational events

    Meals may now be offered at educational events.  The minimum value rule of $15 still applies however.  As a result, agents need to make sure the meal has a retail value of $15 or less.

    Crowe and Associates gives agents access to compliance information via the Pinnacle Financial Services websites.  We also give agents access to a compliant online enrollment platform through Connect4Medicare and access to a Medicare lead program.

    New to Medicare sales?

    We offer a number of programs to help new agents get started.   Take a look at our sales contracting guide to help you get started.   CLICK TO ACCESS MEDICARE CONTRACTING AND SALES GUIDE

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