Remarketers Must Comply with the New CMS Medicare Consent Requirement

Express written consent is now required for Third-Party Marketing Organizations (TPMOs) to share Medicare beneficiaries’ personal data with another TPMO - even if manually dialing numbers.

The rule was put in place to prevent TPMOs from selling and reselling Medicare/Medicaid beneficiary contact information without clear and transparent disclosure notice to the beneficiaries. Now, a beneficiary must supply express written consent to be contacted by each individual TPMO.

This new stipulation by the CMS (the Centers for Medicare or Medicaid Services) applies to any organization operating within the Medicare or Medicaid space, even when adhering to TCPA regulations when manually dialing beneficiaries. Including manual dialing in the new rule is a significant departure and escalation from earlier regulations.

The new rules apply as of October 1, 2024, providing an urgent need for organizations to implement consent management best practices. Enhanced consent functionality within PossibleNOW’s platform MyPreferences will help TPMOs or organizations of any size or complexity adhere to the CMS’s update with quick efficiency.

In accordance with FCC guidelines, CMS now mandates that TPMOs must secure prior express written consent from beneficiaries before sharing personal data with other TPMOs, even when dialing manually.

As different industries and business sectors determine their own compliance stipulations, your company is at greater risk than ever before. Regulatory laws around consent are constantly evolving, and your processes must evolve with them. 

PossibleNOW is the pioneer and leader in customer consent, preference, and regulatory compliance solutions. MyPreferences enables relevant, trusted, and compliant customer interactions. It empowers the collection, centralization, and distribution of customer communication consent and preferences across the enterprise.