Before an agent can contact a potential client, they must be aware of the Medicare permission to contact rules. CMS puts these rules in place to protect Medicare beneficiaries.
Permission to Contact
Before we go over the permission to contact rules, we will explain what PTC (permission to contact) is. The PYTC guidelines were put in place to protect Medicare beneficiaries from receiving unsolicited communications and high pressure sales tactics. Any agent who wants to contact a potential client must follow all CMS marketing and communications guidelines.
For an agent to receive permission to contact in a complaint way, the potential client must initiate contact. In other words, the potential client must grant permission for the agent to contact them before the agent can do so.
Please note; agents do not need a PTC to contact their current Medicare clients.
Watch a YouTube video on Medicare marketing rules
Click here for a quick updated one-to-one consent rule video
When you need PTC
When an agent wants to speak with a potential Medicare client, they must have PTC. This is important especially if you plan to discuss either Medicare Advantage or PDP plans. Keep in mind; if you discuss Medicare Supplement plans, you will probably discuss PDP plans as well. Even though CMS rules do not apply to Medicare Supplements, the TCPA guidelines do apply. That is why, it is important to get PTC whenever you plan to contact a potential client for any sales meeting.
Please note; you do not need a PTC to send out unsolicited emails to potential clients. All emails must contain an option to opt-out and the email must not contain information that would classify it as marketing material. That is anything with specific benefits or plan information that could sway a potential client towards a specific plan choice. All email communications must follow the CAN SPAM Act laws.
How to collect a Medicare Permission to contact
What you can do:
- Always keep business cards with your contact information available for events you attend or just in case a potential client needs one. That makes it easy for people to contact you. Additionally; current clients may want a couple cards to give friends or family if they need an agent.
- If you have a website, make sure there is a contact form on it so clients can request that you contact them.
- When you send out emails, be sure to include your contact information as well as a contact form if they want more information or assistance.
- Business reply cards are also a way to obtain PTC. If the prospect wants more information, they just fill out the card and send it back to you.
What you can’t do:
- Agents are not permitted to go door-to-door looking for clients. If you do not have a scheduled appointment, you cannot go to someone’s home.
- Do not send a direct message to a prospect through any social media platform.
- Never cold call prospects to sell either a Medicare Advantage or PDP plan.
- Do not contact a friend or relative of a current client without their consent. Each person must provide PTC.
After you have the PTC, it is good for up to 12 months. If you have not contacted the prospect within that time frame, you will need another PTC before attempting to contact them.
Permission to Contact and Scope of Appointment differences
Although both the SOA and the PTC serve a similar purposes, there are some important differences. Each protects Medicare beneficiaries from unfair sales practices. You need to have PTC before you contact the prospect and then you can collect a SOA.
The SOA is a form that specifies which healthcare products the beneficiary wants to discuss during their appointment with the agent. Learn more about SOAs.
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