A customer service rep wants to transfer a caller to me for a sales conversation. What has to happen first?
Before the transfer to a sales conversation, the beneficiary must be told the encounter is shifting into a marketing/sales activity, and the beneficiary must clearly agree to that transfer.
What the rule says
“To avoid misleading or confusing beneficiaries, plans must make it clear when an encounter with a beneficiary is moving from a communications activity to a marketing activity, such as when a beneficiary is being transferred to a sales or enrollment representative.”
“Before transferring, the beneficiary must clearly consent to being transferred.”
This is reinforced by the agent/broker-specific guidance, which addresses the customer service rep's own role change:
“To ensure beneficiaries are not mislead or confused, licensed agents/brokers who are customer service representatives cannot act simultaneously as both a customer service representative and a sales/marketing agent/broker.”
“The agent/broker must clearly state to the beneficiary when their role changes to a marketing/sales role, subject to beneficiary request and concurrence.”
Together, these excerpts indicate the customer service rep must clearly inform the beneficiary that the conversation is moving to a marketing/sales activity and obtain the beneficiary's clear consent before the transfer to you takes place.
Carrier and FMO rules are often stricter than CMS rules. This tool reports what CMS sources say and is not legal advice. Enrollment guidance shown is the CY 2027 version. Regulation text reflects the CY 2027 marketing rules, which apply to marketing beginning October 1, 2026.
This answer was generated by mapdbot from the sources listed below on September 23, 2026 and checked against them. Regulation text: eCFR as of 09/15/2026. It is for licensed insurance agents, is not legal advice, and does not cover carrier or FMO rules.