Overview of the new call-recording requirement from CMS effective October 1


As outlined in the 2023 CMS Final Rule released earlier this year, starting October 1, agents must record all calls with beneficiaries related to Medicare Advantage (MA, MAPD, D-SNP) and Prescription Drug Plans. The call recordings must be retained for a minimum of 10 years and made available to CMS upon request.




What types of calls must be recorded?


  • You must record all calls that relate to Medicare Advantage (MA, MAPD, D-SNP) and Prescription Drug Plans.
  • This includes introductory calls to inform or educate clients about Medicare plans, as well as subsequent calls when the beneficiary makes an enrollment decision.
  • Post-enrollment telephonic discussions must also be recorded. 
  • The rule applies to calls you make to clients and calls they make to you.
  • You do not need to record conversations at face-to-face meetings.


When do I need to start recording calls?


October 1.


How long must recorded calls be retained?

At least 10 years.


When and why might call recordings be requested?


Call recordings may be requested at any time by Aetna and/or CMS as part of our oversight to ensure that third-party marketing organizations are following all CMS requirements related to lead generation, marketing, sales and enrollment, as well as any other applicable CMS requirements.


How can I record calls?


You can use any call-recording technology you want, so long as you’re able to satisfy the retention and retrieval requirements that are part of the new rule.


Do calls conducted via Zoom or Webex need to be recorded?


Yes. The audio portion of the call needs to be recorded and retained a minimum of 10 years.


Does Aetna offer a call-recording tool?


Yes. We encourage you to take advantage of the Think Agent tool, which has built-in call-recording functionality called CARE (Call Appointment & Recorded Enrollment). Learn how to get access to Think Agent.


The CARE feature in Think Agent has everything you need to comply with the new rule. You can use it to record calls. It automatically stores recordings for the required 10 years. Plus, recordings can be retrieved if needed, upon request.


How can I record calls with Think Agent?


The CARE functionality allows you to meet with customers telephonically on a recorded call. There is no quiz or training requirement to use CARE. However, you are required to have access to Think Agent. Watch a short training video about CARE.


There are 3 ways you can record a call:

  • Scenario 1: Instruct your client to call the CARE number, 1-844-97-THINK, wait for the prompt, and then enter your National Producer Number (NPN) followed by #. You must have Think Agent open on your mobile or desktop device when they call. 
  • Scenario 2: Call your client directly, and then three-way conference in your CARE number by dialing 1-844-97-THINK and then entering your NPN followed by # after the prompt. You must have Think Agent open on your mobile or desktop device when you conference in the CARE number.
  • Scenario 3: If your client calls your personal or business number directly, you can then three-way conference in your CARE number. Just dial 1-844-97-THINK and then after the prompt, enter your NPN followed by #. You must have Think Agent open on your mobile or desktop device when you conference in the CARE number.

What if a beneficiary objects to having the call recorded?


The conversation regarding Medicare Advantage and Prescription Drug Plans should cease. Advise the beneficiary of other ways you can provide the information to them. Explain that CMS requires all Medicare-related calls to be recorded. For example, you can ask if you can send them a Scope of Appointment to schedule a time to meet in person.


Can I use Think Agent to record calls even if my client ultimately enrolls in another carrier’s plan?


No. If you record a call through CARE and Think Agent, and your client ultimately decides to enroll in another carrier’s plan, you should end the call and use an alternative tool to record the remainder of your conversation.


How can I learn more about the call-recording feature in Think Agent?


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Prior to engaging in the sale of Aetna Medicare products, producers must be ready to sell, which means certified, contracted, licensed in the applicable states, and appointed by Aetna in accordance with state law. As permitted in certain states, Aetna will order appointments after the first sale. This communication is intended for use by brokers only and is not intended for distribution to Medicare beneficiaries. Any publication or distribution of this communication to unauthorized recipients without Aetna’s approval is prohibited.

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