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Centers for Medicare and Medicaid Services (CMS) Call Recording 10 Year Requirement

Updated: May 24, 2023


Headset resting on a telephone keypad

As a Third-Party Marketing Organization (TPMO) with Medicare Advantage (MA) (Part C) and Prescription Drug Benefit (Part D) programs, it is important to ensure that your company is meeting the call recording retention requirements required by the Centers for Medicare and Medicaid Services (CMS). The retention of call recordings is crucial for quality assurance and training purposes, as well as to comply with CMS regulations.


CMS issued clarity on Rule 87 FR 27704 regarding the retention of marketing and communications for Part C and Part D programs. The rules were developed to address an increase in complaints regarding inappropriate marketing practices. After reviewing call recordings from various marketing entities, including individual agents and brokers, CMS discovered that 80% of the calls reviewed did not provide accurate information to make an informed choice about coverage.


To ensure compliance, here are some key points that CMS has clarified around call recordings:


  • Recorded calls between beneficiaries and plans, including TPMOs, that pertain to the sales and enrollment processes must be retained for ten years.

  • Zoom calls and conversations through virtual platforms must also be recorded.

  • The requirement to record went into effect on October 1, 2022, and it applies to enrollments made for a January 1, 2023, effective date and beyond.

  • Plans are responsible for ensuring that the calls between TPMOs and beneficiaries are recorded and retained for ten years.

  • There are no exceptions to the call recording requirement if a beneficiary refuses to be recorded. The call must be ended, and the sale cannot be completed.


It is crucial for companies to update their records retention policies to ensure compliance with regulations. When doing so, it is important to review any clarifying supplemental materials that may be published, such as the FAQs related to CMS call recordings. This is especially important in today's technologically advanced world, where supplemental materials can provide clarity related to newer technology that may create or manage records.


If you have any questions or need help updating your records retention schedule, schedule some time with one of our team consultants.


This post is only informational and is not intended to be legal advice.

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