2025 CMS Final Rule
The CMS Final Rule for 2025 states:
“Beneficiary information collected by a third-party marketing organization (TPMO), including an agent/broker for purposes of marketing or enrolling the beneficiary into a Medicare health plan or Part D plan may only be shared with another TPMO when prior written consent is given by the beneficiary. The consent must list each entity receiving the data.”
What this means to you as an Agent
You cannot share beneficiary contact information with another agent/TPMO unless the beneficiary has given written permission.
This necessitates a change in verbiage on Lead Generation Forms (BRC/PTC).
Spark will be using the following disclaimer on their BRC/PTC forms. You are welcome to use as well:
“By providing your name and contact information you are consenting to receive sales and marketing calls, text messages and/or emails from the licensed insurance agent listed on this form about Medicare Plans at the number provided, and you agree such calls and/or text messages may use an automated system for the selection or dialing of telephone numbers, automated voice calls, AI generative voice calls, pre recorded messages played when a connection is made, or pre recorded voicemail messages, even if you are on a government do-not-call registry. These calls are for marketing purposes and cellular charges may apply. This agreement is not a condition of enrollment and you can change your permission preferences at any time by contacting the agent listed on this form."
