Do I have to record my sales calls with beneficiaries?
Yes. If you're acting as or through a TPMO doing business with an MA plan or Part D sponsor, marketing and sales calls with beneficiaries must be recorded and retained, per the contracts/arrangements between the TPMO and the plan.
What the rule says
“Contracts, written arrangements, and agreements between the TPMO and an MA plan, or between the TPMO and an MA plan's FDR, must ensure the TPMO:”
“All marketing and sales calls, including the audio portion of calls conducted via web-based technology, must be recorded and retained in their entirety for a minimum period of 6 years.”
“For the first 3 years of the retention period, records must be maintained in audio format. For years 4, 5, and 6, records may be maintained in either audio format or as complete and accurate transcript recordings.”
The same requirement applies on the Part D side:
“Contracts, written arrangements, and agreements between the TPMO and a Part D plan, or between a TPMO and a Part D plan's FDR, must ensure the TPMO:”
The excerpt frames this requirement as something that must be ensured through contracts between a TPMO and the MA plan/Part D sponsor (or the plan's FDR). It does not state whether this recording obligation applies to agents outside the TPMO/FDR contracting relationship described here.
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.
Sources cited
Related questions
- How can I generate referrals and work with churches, senior centers, or other community organizations while staying compliant?
- How long do we have to keep call recordings and SOAs? Does the same rule apply to permission to contact?
- What permission to contact documentation should I get from a lead vendor?
- Which calls do I have to record?
- Which calls do I have to record? Does that include calls where I’m only helping an existing client with a service issue?