Important Update: CMS’s New One-to-One Consent Regulations for 2025

Important Update:
CMS’s New One-to-One Consent Regulations for 2025

Effective October 1, 2024, CMS will enforce a new one-to-one consent rule for Third-Party Marketing Organizations (TPMOs), including independent agents and brokers. This rule requires TPMOs to obtain prior express written consent from consumers before sharing their personal beneficiary data with another TPMO for marketing or enrollment purposes. The goal is to protect consumer privacy and prevent aggressive marketing tactics, such as reselling leads or cold-calling.

Under this new regulation, agents must ensure that all leads have a valid, CMS-compliant one-to-one consent in place. The consent must be clear, prominent, and specific to the TPMO using the data, with consumers explicitly agreeing to share their information with each listed TPMO. Verbal consent will be allowed for real-time transfers, but only when the transfer is conducted on a recorded line and the consumer agrees to speak with the next TPMO by name.

It’s important to note that leads obtained prior to October 1, 2024, without compliant consent cannot be used for outreach after the effective date, and failure to comply may result in penalties or contract termination. This rule does not apply to direct inbound calls, but all outbound calls must meet these new requirements.

We are here to support you in understanding and navigating these changes. If you have any questions or need guidance on how to ensure compliance with these new regulations, please reach out to our team.