Medicare & Medicaid Consent Requirements

Stipulations

New Stipulations from the Centers for Medicare & Medicaid Services

The CMS issued heightened marketing rules that align with the FCC's Second Report and Order requiring ‘one to one’ prior express written consent to transfer personal data to marketing partners and will be in effect as of October 1, 2024.

It specifically prohibits personal beneficiary data collected by Third Party Marketing Organizations (TPMOs), for marketing or enrolling a person into a Medicare Advantage or Part D plan, from being shared with another TPMO unless prior express written consent is given by the Medicare enrollee.

CMS

Why is this Change in Consent Collection Needed?

The CMS emphasizes that TPMOs are selling and reselling beneficiary contact information to ‘skirt existing CMS rules that prohibit cold calling so they can aggressively market plans to beneficiaries.’

Beneficiaries are unaware that by placing a call or clicking on a generic-looking web-link they are unwittingly agreeing and providing consent for their personal contact information to be collected and sold to other entities for future marketing activities.’

As a result, CMS is implementing a ‘one-to-one consent structure where TPMOs must obtain prior express written consent through a clear and conspicuous disclosure for each TPMO that will be receiving the beneficiary's data.’

The CMS also now requires TPMOs to obtain prior express written consent even when the caller is calling manually, not using an ATDS.

Anyone operating with the Medicare space, even if they adhere to the TCPA regulations while manually dialing, must still have express written consent when calling Medicare leads.

How We Help

How PossibleNOW Helps with Consent Compliance

PossibleNOW's consent and preference management platform, MyPreferences, enables companies to quickly capture express written consent, helping TPMOs and other remarketers feel confident in their compliance with the new CMS rules.

MyPreferences provides the ability to collect and manage a granular level of consent, transactionalize the consent, and maintain the consent history and the disclosure language used.

MyPreferences implements configurable out-of-the-box functionality to comply with the new CMS consent stipulations quickly, as well as the ability to expand the functionality, design, and reach across the enterprise as needed.

MyPreferences provides:

• Configurable express written consent collection and management
• Clear and conspicuous disclosure language for gathering consent
• Consent capture capabilities that can integrate into contextualized points along the beneficiary journey such as the website or campaign workflows
• Multi-lingual capabilities that are configurable based on country, region, or locale
• One-click method for revoking consent
• Full auditable history of all consent actions taken, and disclosure language used