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Agent Compliance Guide: Staying Compliant Before the Sale

November 2nd, 2023

1 min read

By www.psmbrokerage.com Admin

Compliance with rules for selling Medicare Advantage (MA) and Part D prescription drug plans (PDP) is the responsibility of everyone serving Medicare customers. This guide was developed to aid compliance throughout all stages of the sales process and includes critical information and useful tips to keep in mind at all times.

Making a Compliant MA/PDP Presentation

Featuring a handy check list, presentation phases are covered in three sections:

1.)  Prior – Key points

  • Understanding what is permissible and not permissible to discuss with a prospective client
  • Knowing what questions to ask
  • Being prepared to sell

2.)  During – Necessary steps

  • Making proper introductions
  • Providing necessary disclosures
  • Being up-to-date on relevant published materials such as provider networks, drug formularies and plan benefits, premiums and client costs
  • Ensuring clients understand all aspects of the sales process

3.)  After – Important follow-up actions

  • Seeing if the customer has any questions about the plan they’ve chosen
  • Confirming client understanding of benefits, coverages, co-pays/co-insurance and provider network information
  • Making sure the customer has the agent’s contact information

Things to Know

Do

  • Clearly identify the products to be discussed, and ONLY discuss those agreed upon in the Scope of Appointment (SOA)
  • Announce you don’t work for Medicare and that you could be compensated for a sale
  • Quote accurate rates
  • Hold meetings in handicapped-accessible facilities
  • Communicate to non-English speakers in a way they will understand
  • Advise clients how to use a formulary
  • Use only materials that meet CMS requirements
  • Complete enrollment forms ONLY for those who are unable to do so themselves

Do Not

  • Discriminate in any way, including discouraging enrollment for the disabled
  • Attempt to enroll someone with a diminished capacity to understand
  • Engage in high-pressure sales or scare tactics or use misleading, conflicting, confusing statements
  • Collect financial information during pre-enrollment activities
  • Imply Medicare is only available to seniors
  • Offer monetary or promotional gifts to induce enrollment or to compensate based on use of services

Other Points of Interest

In addition to the preceding information, the compliance guide addresses the following topics:

  • Compliance metrics
  • Avoiding client complaints
  • Primary care physician auto-assignments
  • Marketing during Pre-AEP and prior to October 1
  • Do’s and don’ts for conducting an educational event
  • And more

Download the Compliance Guide here

*For agent use only. Not affiliated with the U. S. government or federal Medicare program. This website is designed to provide general information on Insurance products, including Annuities. It is not, however, intended to provide specific legal or tax advice and cannot be used to avoid tax penalties or to promote, market, or recommend any tax plan or arrangement. Please note that PSM Brokerage, its affiliated companies, and their representatives and employees do not give legal or tax advice. Encourage your clients to consult their tax advisor or attorney.