What Recording Rules Apply to Medicare Sales Calls in AEP?
Agents working with third-party Medicare marketing must record and retain sales calls per CMS rules. Learn which calls require recording and retention.
If you work with a third-party marketing organization (TPMO), CMS requires you to record all sales and enrollment calls in full and retain them for ten years to support compliance audits. Both the agent and the TPMO share responsibility for ensuring recordings are complete, timestamped, and accessible. See our [Medicare live transfers](https://teleleadsagency.com/services/medicare-live-transfers/) for options that fit this workflow.
Which calls must be recorded?
Any call that leads to a Medicare Advantage or Part D enrollment must be recorded from the moment the agent begins discussing plan details through the submission of the enrollment.
This includes:
- Inbound calls from prospects who responded to TPMO marketing.
- Live transfers delivered by a third-party caller.
- Outbound follow-up calls where plan selection or enrollment occurs.
- Three-way calls involving the agent, the beneficiary, and a translator or family member.
Calls that are purely informational—where no plan is selected and no enrollment form is started—may not require recording under the same rule, but many carriers and TPMOs record everything to avoid ambiguity during an audit.
How long must recordings be kept?
CMS requires TPMOs and their contracted agents to retain recordings for at least ten years from the date of the enrollment or the date CMS last requested them, whichever is later.
This mirrors the retention period for enrollment documentation. Your vendor should:
- Store recordings in a secure, tamper-proof system.
- Index each file by beneficiary name, agent ID, date, and plan.
- Provide you with a signed retention agreement that specifies how long files are kept and who pays for storage.
If you leave a TPMO or switch vendors mid-year, confirm in writing who retains the recordings and how you can retrieve them if CMS audits your book.
| Question to ask your vendor | Why it matters |
|---|---|
| Do you record every transferred call automatically? | Gaps in recording = compliance risk during audit |
| Where are files stored, and who owns them? | You need access for ten years, even if you leave the vendor |
| Can I retrieve a recording if a beneficiary disputes enrollment? | Carriers may request files to resolve complaints |
| Do you provide a monthly call log with agent IDs? | Required to cross-reference with your CRM and carrier reports |
| What happens to recordings if your company is sold? | Ownership transfer must preserve CMS retention obligations |
Who is responsible for storing recordings?
Under TPMO rules, both the marketing organization and the contracted agent share compliance responsibility, but the TPMO typically owns the infrastructure. In practice, the TPMO (or live transfer vendor) must provide the recording platform, encrypt files, and index metadata. The agent must ensure that the system is actually recording every call and that recordings are accessible on request.
CMS can audit either party, so your contract should specify who produces recordings during an investigation and who pays for retrieval or storage fees.
Before you buy live transfers for AEP, ask the vendor:
- Do you record every transferred call in full?
- Where are recordings stored, and for how long?
- Can I access a recording quickly if a beneficiary disputes enrollment?
- Do you provide a monthly log of recorded calls tied to my agent ID?
How Tele Leads Agency handles this
Tele Leads Agency operates as a lead generation service and delivers warm Medicare live transfers to licensed agents. When you accept a transfer, you are responsible for recording the conversation from the moment the transfer connects through enrollment completion using a compliant dialer or softphone that timestamps and stores files.
You must retain those recordings per CMS and carrier requirements. Tele Leads Agency delivers the warm handoff; your in-house or third-party recording system captures the rest.
Before AEP, confirm that your phone system is configured to auto-record every inbound transfer and that your storage vendor meets CMS retention standards. If you do not have recording infrastructure in place, consult with your upline or a compliance advisor before accepting any Medicare transfers.
Frequently asked questions
Do I need to tell the prospect the call is being recorded?
Yes. CMS and most state laws require agents to disclose that the call is recorded at the start of the conversation. Your TPMO or transfer vendor should include this disclosure in the warm handoff script, but you should repeat it when you take over the call.
Can I delete recordings after the enrollment is approved?
No. The ten-year retention clock starts on the enrollment date, not the approval date. Deleting recordings early exposes you to sanctions if CMS audits your book or a beneficiary files a complaint years later.
What if my dialer does not record calls automatically?
You must upgrade to a compliant system or use third-party call recording software before accepting Medicare transfers. Manual recording or relying on memory is not acceptable under TPMO rules and will fail any compliance audit.
Are Final Expense calls subject to the same recording rules?
Final Expense is not regulated by CMS, so federal ten-year retention does not apply. However, many states require call recording for senior-targeted insurance sales, and your carrier may mandate it. Check your contract and state insurance code.
Who pays for long-term storage of recordings?
It depends on your contract. Some TPMOs bundle storage into their fee; others charge separately or pass the cost to the agent. Clarify this before AEP so you can budget for compliance infrastructure over the life of your book.
Get exclusive Final Expense, Medicare, ACA, or Auto live transfers built around your licensed states and daily capacity. Request a quote from Tele Leads Agency or call (888) 603-5358 to confirm recording and compliance support before AEP.
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