Compliant Outreach for Insurance Agents: Understanding Consent to Contact Rules

Before engaging with potential clients, it's crucial to ensure your Medicare insurance agent lead generation tactics are compliant. This blog outlines the rules and regulations from CMS governing permissible contacts, including guidelines for Business Reply Cards (BRCs), and the compliant use of marketing materials. By understanding and adhering to these requirements, agents can help ensure that they are providing high-quality service while mitigating the risk of penalties and other consequences. Failure to follow these compliance requirements can result in serious consequences, including fines and even loss of the organization’s ability to offer Medicare Services.

To comply with regulations, agents are permitted to make unsolicited direct contact with potential clients only through:

1. Conventional Mail and Print Media: Including advertisements and direct mail.

2. Email: Must include an opt-out option. Text messaging and social media messaging are not considered compliant unsolicited contact methods.

Prohibited Unsolicited Contact Methods:

1. Door-to-door solicitation without a pre-scheduled appointment.

2. Distributing flyers, leaflets, or door hangers at residences or vehicles without prior consent.

3. Approaching individuals in public spaces such as parking lots or retail stores.

4. Telephonic or electronic cold-calling, including texting.

5. Contacting sales event attendees or referrals without express permission.

Compliant Actions:

1. Contact individuals who have given documented permission to call/contact.

2. Accept referrals from current clients, with the stipulation that the referred party must initiate contact.

3. Discuss other Medicare plan types or general plan information with current clients, including AEP dates and plan changes.

Additional Guidelines:

1. Permission to contact is event-specific and valid only for 12 months.

2. Bait-and-switch tactics are strictly prohibited.

3. Referrals from current clients do not automatically grant permission to contact.

4. Agents may not reach out to former enrollees or those in the process of disenrolling for marketing purposes.

Business Reply Cards and Permission to Contact Forms: BRCs are direct marketing materials designed to gather consent for contact, either mailed with the hope of a returned permission or distributed at events.

At JAR, we prioritize the long-term success of our agents by emphasizing compliant lead-generation practices. Adhering to CMS guidelines in your communications is crucial. For further assistance on compliant communication strategies, or want to work with us? Contact JAR at 1.877.391.9988 or check out our support page here.