At Trusted American Insurance Agency, we prioritize compliance and ethical marketing practices in the Medicare space. With recent regulatory developments, it’s crucial for brokers and Third-Party Marketing Organizations (TPMOs) to understand the latest requirements under the CMS One-to-One Consent Rule and how they impact Medicare marketing.
“The CMS one-to-one consent regulation reinforces the trust Medicare beneficiaries place in us by ensuring they have full control over their personal information. We view this as an opportunity to strengthen our ethical practices and lead by example in the Medicare marketing space.” – Rosamaria Marrujo, CEO of Trusted American Insurance Agency and CAHIP President.
Understanding the CMS One-to-One Consent Rule
Effective October 1, 2024, CMS requires TPMOs to obtain explicit prior written consent from consumers before sharing their personal information with another TPMO or marketing entity. This rule is designed to enhance transparency and protect Medicare beneficiaries from unauthorized data sharing and aggressive marketing tactics.
What This Means for Brokers and TPMOs
- Prior Written Consent is Mandatory: Brokers must secure explicit consumer approval before sharing personal information.
- Applies to All Contact Methods: Even manually dialed calls require consent.
- Stricter Compliance Standards: Agencies must establish systems to document and store consent records properly.
Industry Update: FCC’s One-to-One Consent Rule Vacated
In contrast to CMS’s rule, the FCC’s One-to-One Consent Rule—which was set to take effect on January 27, 2025—was vacated by the U.S. Court of Appeals for the Eleventh Circuit on January 24, 2025. The court ruled that the FCC exceeded its authority in implementing this rule.
This ruling does not impact the CMS regulation, which remains in effect and enforceable.
Best Practices for Compliance
To align with CMS’s regulations, brokers should implement the following:
✅ Develop Clear Consent Forms – Use precise language outlining what data will be shared and with whom.
✅ Implement a Consent Management System – Securely store and track written consent records.
✅ Train Your Team – Educate agents on compliance protocols and the importance of explicit consent.
✅ Audit Marketing Practices – Eliminate lead-generation tactics that don’t meet CMS standards.
Final Thoughts
While the vacating of the FCC’s rule may have created some confusion, the CMS One-to-One Consent Rule remains active and enforceable. By staying compliant, brokers not only protect their businesses but also build trust with Medicare beneficiaries.
At Trusted American Insurance Agency, we are committed to keeping our brokers informed and prepared. If you have any questions about compliance, reach out to us for guidance at agents@taia.us.