Before buying Medicare leads, confirm that the consumer agreed to be contacted by a licensed agent, that a consent record is stored with every lead, that the advertising follows CMS marketing rules for third-party marketing organizations, and that your own call recording, disclaimer, and scope-of-appointment practices are in place. Your agency carries the compliance risk once the call begins.
Medicare is one of the most heavily regulated lead markets in the country. The Centers for Medicare & Medicaid Services (CMS) has tightened its rules for third-party marketing organizations, often called TPMOs, several times in recent years, in response to complaints about misleading advertising and aggressive sales calls. For agencies buying Medicare leads, those rules apply both to the vendor that generated the lead and to the agency that calls it.
Start with the advertising
Ask to see the ads and landing pages that generate your leads. Medicare advertising should not imply government endorsement, promise benefits that are not available in the consumer’s area, or use misleading urgency. CMS requires TPMOs to use a standardized disclaimer explaining that they do not offer every plan available in the consumer’s area. If a vendor cannot show you its creative, you cannot judge what the consumer expects when your agent calls.
Consent to be contacted
The consumer should agree, clearly, to be contacted by a licensed insurance agent about Medicare plans, by phone and text if you use both. The consent language should be specific rather than buried in a list of marketing partners, and a third-party certificate should be stored with each lead so you can show what the consumer saw and agreed to. CMS has also moved to tighten how beneficiary contact information can be shared between marketing organizations, so confirm current requirements with your compliance team before relying on any lead source.
Your agency’s obligations on the call
Once the call begins, your agency’s own practices matter. CMS requires that marketing, sales, and enrollment calls between TPMOs and beneficiaries be recorded and retained, and that the TPMO disclaimer be read during the call. Scope of Appointment documentation is required before discussing specific plan types. Make sure your agents and systems are set up for all of these before leads start arriving.
Plan for the enrollment calendar
Medicare volume is seasonal. The Annual Enrollment Period runs from October 15 to December 7, and the Medicare Advantage Open Enrollment Period runs from January 1 to March 31. Outside those windows, consumers generally need a Special Enrollment Period or a first-time eligibility event to change plans. A good vendor will plan volume around those dates and screen for eligibility outside them.
Screening questions that help
This article is general information and not legal or compliance advice. CMS rules change frequently; agencies should confirm current requirements with their compliance team or upline. See exclusive vs. shared insurance leads and our Medicare lead program.
Frequently asked questions
Do Medicare sales calls have to be recorded?
CMS requires TPMOs to record and retain marketing, sales, and enrollment calls with beneficiaries. Confirm the current retention period and requirements with your compliance team.
When is the best time to buy Medicare leads?
Volume and intent peak during the Annual Enrollment Period from October 15 to December 7. Outside it, focus on newly eligible consumers and those with a Special Enrollment Period.
Written by the IronFlow Advertising team
IronFlow Advertising builds exclusive lead generation campaigns for law firms, lenders, insurance agencies, and home service companies. Questions about anything in this article? Call (251) 233-4916 or send us a note.