Understanding the CMS Final Rule 2023 & How to Comply

Table of Contents

• What is the CMS Requirement for call recordings?
• Using an AMS to help you stay compliant
• Best practices for recording calls & storing call recordings

What is the CMS Requirement for Call Recordings?

The Centers for Medicare & Medicaid Services (CMS) released the CMS Final Rule 2023. Part of this rule requires agents to record and store all Medicare and Medicaid “marketing” calls. This rule will go into effect on October 1, 2022.

NABIP further outlines this ruling:

“The recording requirement applies to all agents who enroll beneficiaries into new plans, whether they are current or new clients. The wording of the rule references “marketing” calls, but NABIP confirmed that CMS interprets “enrollment” as “marketing.” Online applications that agents walk through with their clients are also subject to recording. SHIPS are exempt from the rule.”

It is important to note that conversations about this ruling are ongoing, and additional changes could be issued. For more information on the CMS Final Rule 2023, check out these resources:

• NABIP
• National Law Review

Using an AMS to Help You Stay Compliant with the CMS Final Rule 2023

There are two key factors in the ruling that agents must now comply with:

1. Agents must record all “marketing” calls
2. Agents must store all recordings of the calls

To achieve #1, your team will need to leverage technology such as Voice over Internet Protocol (VoIP) or a phone system. VoIP is “a technology that allows you to make voice calls using a broadband internet connection instead of a regular (or analog) phone line.” Using a VoIP tool can streamline and automate the recording process.

This is fairly straightforward, but it’s crucial to note the importance of connecting VoIP functionality to your management system. Otherwise, the process can still be manual and time-consuming, or create data silos.

But recording is only half of it. The other half is storing those recordings in a place you can easily access. Some places to store call recordings are:

• Local file folder (i.e., File Explorer)
• Cloud-based file repository (i.e., Google Drive, Dropbox)
• Agency Management System (AMS) or CRM

Using a local file folder can cause accessibility issues because your entire team may not have access to it. Although it can make the recordings close at hand, they aren't easy to share. Plus, organization could prove difficult once you have several recordings in your folder.

A cloud-based file repository makes the recordings more accessible, but there’s no way to tie the call recordings to client records in your AMS or CRM using this method.

Using an AMS or CRM makes storing and accessing your call recordings more efficient by attaching the recording directly to the client’s profile. This allows your team to centralize data in one location, simplifying retrieval and improving efficiency across your customer service and data management processes. 

Recording Calls & Storing Call Recordings in AgencyBloc’s Platform

AgencyBloc’s Plus Suite of insurance solutions allows your team to focus on the important things and helps automate your processes to save time. Using our industry-specific products can help your organization stay ahead of the curve when it comes to new regulations, like the CMS Final Rule 2023, and ensure your company stays compliant.

The integrated VoIP features in AMS+, including the AMS+ Talk & Text companion mobile app, enable your sales and service teams to record all calls instantly and store them in your account. Use the same technology to add pre-recorded messages to the start of every call to explain why you’re recording and share any other compliance-specific information. 

Once the call is complete, easily access the recordings to review information or take notes right in AMS+. Centralizing your client data gives your team visibility and creates a digital paper trail you can rely on — should the need arise. 

Not only does this help you stay compliant with government regulations, but it also enables you to provide a higher level of customer service and add more value to your relationships with new and existing clients.

CMS Final Rule 2023 FAQ

1. What is the CMS Final Rule 2023, and how does it affect my agency?
The CMS Final Rule 2023 mandates that agents record and store all Medicare and Medicaid marketing calls, including online applications. This ensures transparency and compliance with government regulations.

2. How can I comply with the CMS Final Rule 2023 without a manual process?
By using built-in VoIP technology within your agency management system (AMS), such as AMS+, you can automate call recordings and centralize recording storage.

3. What is the best way to store CMS-compliant call recordings?
Storing call recordings in a cloud-based repository or your AMS/CRM is essential for easy access and compliance. Avoid using local file folders to ensure accessibility for your entire team.

4. How do AgencyBloc solutions help agencies stay compliant with the CMS Final Rule 2023?
AgencyBloc’s AMS+ solution provides integrated VoIP functionality and a companion mobile app that, when enabled, automatically records and stores calls, attaches recordings to client profiles, and ensures compliance with CMS regulations.

5. Can AgencyBloc solutions help improve customer service while maintaining compliance?
Yes, by centralizing call recordings and client data in AMS+, users can enhance customer service with improved data access and faster response times.

Posted by Allison Babberl on Wednesday, May 27, 2026 in Insurance VoIP & Click-to-Call

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