Medicare’s Final Rule and You - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
July 28, 2023 Newswires
Share
Share
Post
Email

Medicare’s Final Rule and You

Arizona Daily Star (Tucson)

What is Medicare’s Final Rule for 2023? Medicare vigilantly protects you, the Medicare beneficiary, from bait and switch tactics and unclear or misleading information about Medicare Advantage, Part D Prescription Drug Plans, and Medicare Supplement Insurance plans. Recently, the Centers for Medicare and Medicaid (CMS) issued its Final Rule on April 12, 2023. This Final Rule is a strong step toward improving accuracy and full disclosure for beneficiaries when they are discussing Medicare Advantage and Prescription Drug Plan options and enrolling in coverage. The rule will be in effect October 1, 2023, and onward. The goal is to ensure that you, the beneficiary, receive correct and accessible information about Medicare coverage. This final rule builds on that issued in 2022 and has your consumer safety and welfare as its focus.

What caused this? In 2022 Medicare experienced a significant increase in complaints from beneficiaries about aggressive sales tactics by telemarketers. This prompted an investigation and the outcome was Medicare’s strengthening of the marketing and communications requirements for third party marketing organizations (TPMO) and individuals who must follow these regulations. The April 12, 2023 Final Rule increases the strong protections Medicare has in place. This column will touch on the changes most likely to affect you as the beneficiary.

Who must follow the Final Rule? Medicare defines third-party marketing organizations (TPMO) as “organizations and individuals, including independent agents and brokers, who are compensated to perform lead generation, marketing, sales, and enrollment related functions as a part of the chain of enrollment (the steps taken by a beneficiary from becoming aware of an MA plan or plans to making an enrollment decision).” 1.

How will this affect you? If you are calling for Medicare Advantage HMO, PPO, and stand-alone Prescription Drug Plan benefit and pricing information, your independent agent or broker must advise that the call is being recorded.

A disclaimer text or script must be read to the caller, and this text has been changed for those agents, brokers, and TPMOs that offer every plan available in the service area, and those agents, brokers, and TPMOs that do not offer every plan in the service area. For those who do not offer every plan in the service area, the disclaimer has been amended to the following: ‘‘We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov or 1–800–MEDICARE, or your local State Health Insurance Program to get information on all your options.’’ Your agent or broker, or any entity you call to inquire about plans will disclose the number of organizations with whom they hold contracts, and the total number of plans the aforementioned organizations offer. Another regulatory change is that only marketing, sales, and enrollment calls will need to be recorded. The disclosure that the call is being recorded should be announced on all recorded calls.

Medicare requires the Scope of Appointment Form to be completed by you to protect you as the beneficiary. Medicare requires this form to be completed by the beneficiary before the agent is allowed to discuss plan benefits or pricing for Medicare Advantage and Prescription Drug Plans. The new ruling requires that this form be completed by you and on file with the agent or broker at least forty-eight hours before the meeting. There are exceptions to this ruling but expect your agent to ask you to complete the form electronically, by a three-way telephone call the agent or broker will start, or on paper at least 48 hours prior to meeting. You complete the form by selecting the topics for which you wish to have information. If the topic is not selected, the agent or broker is not able to discuss that benefit or provide pricing on it. While this form may appear to be daunting, it is Medicare’s protection against “bait and switch” sales tactics and in place to protect you as beneficiary.

What’s in it for you? The disclaimer about not offering every plan helps beneficiaries be aware of the scope of plans the agent, broker, or TPMO has contracts with and directs Medicare beneficiaries to see a complete list of plans offered in their state by accessing Medicare.gov or calling Medicare. The telemarketing organizations may not offer every available plan, nor do most agents or brokers. This is an extensive list for someone to cull through, but it is important that one is able to access every plan filed in Arizona.

The recording of your telephone call is a good protection for the consumer, as a record of the initial call to the enrollment. The calls that will have to be recorded will be safely stored per Medicare’s requirement for 10 years and available for Medicare to audit if Medicare considers it necessary.

The Scope of Appointment stops unwelcome or unsolicited marketing and puts you squarely in charge of what may be discussed in your meeting. Medicare’s increased protection of you as the beneficiary underscores the pluses of being a Medicare beneficiary. Enjoy your well-earned benefit, confident in Medicare’s increased protections for your wellbeing.

Source ecfr.gov/current/title-42/part-422/subpart-V#p-422.2260(Third-party%20marketing%20organization%20(TPMO))

Older

Alliance Defending Freedom: Biden Admin to Pay $65K for Illegally Limiting Family Planning Coverage to Abortion, Contraception

Newer

AM Best Assigns Credit Ratings to JSC Insurance Company Aldagi Group

Advisor News

  • Berkeley arts tax heads toward passage while public bank measure looks likely to fail
  • Americans’ sense of overall prosperity still ticks upward
  • Turning expanded eligibility into a better coverage plan for federal clients
  • Election 2026: Which of Berkeley's 7 ballot measures will pass?
  • How advisors can help frugal retirees finally enjoy their savings
More Advisor News

Annuity News

  • AM Best Affirms Credit Ratings of Knighthead Annuity & Life Assurance Company and Merit Life Insurance Co.
  • Jackson reports record annuity sales, increases share repurchase authorization
  • Why the market doesn’t need more carriers
  • Equitable, Corebridge steam toward merger with strong Q3 annuity sales
  • Jackson Announces New Annuity Offering for AARP Members
More Annuity News

Health/Employee Benefits News

  • State: Beware of unlicensed health coverage marketed by LifeX Research Corporation
  • Kirksville school board to meet Friday on benefits association agreement, 2027 health insurance rates
  • GOVERNOR LAMONT AND INSURANCE COMMISSIONER HERSHMAN ENCOURAGE RESIDENTS TO REVIEW HEALTH COVERAGE OPTIONS DURING OPEN ENROLLMENT
  • ACA premium increases in double digits for second year
  • The percentage of people without health insurance is growing
More Health/Employee Benefits News

Life Insurance News

  • Brighthouse Financial Announces Third Quarter 2026 Results
  • Prudential earnings dip as Japan sales suspension offsets U.S. growth
  • U-Haul Holding Company Reports Second Quarter Fiscal 2027 Financial Results
  • Genworth Financial Announces Third Quarter 2026 Results
  • AM Best Affirms Credit Ratings of Knighthead Annuity & Life Assurance Company and Merit Life Insurance Co.
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Spectrum Weather & Specialty Insurance Celebrates 15 Years and Welcomes the Next Generation
  • Royal Neighbors of America® Increases Service Capacity
  • Benefits Studio Launches to Fill the Missing Middle of Benefits Navigation at $49/mo
  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.