We have outlined important Compliance Guidelines regarding the sharing of Personal Beneficiary Data by Third Party Marketing Organizations (TPMOs). It’s essential for you to understand these guidelines to ensure compliance in your practices.
Key Highlights:
- Definition of TPMO: A TPMO includes lead generation organizations, agencies, and independent agents and brokers.
- Personal Beneficiary Data: This includes contact information such as name, address, and phone number, along with any information provided by the beneficiary for finding a suitable MA or Part D plan.
- Consent Requirements:
- TPMOs can only share personal beneficiary data with another TPMO for marketing or enrollment purposes if they obtain prior express written consent from the beneficiary.
- The consent must clearly disclose each recipient TPMO and give beneficiaries the option to consent or reject sharing their data with each specified TPMO.
- Consent requires affirmative action from the beneficiary; the default is "no sharing" unless the beneficiary actively agrees to share their data.
- Affiliated TPMOs: Even if TPMOs are affiliated, prior express written consent is required for sharing personal beneficiary data for marketing and enrollment purposes.
- Independent Agents: An independent agent cannot share personal beneficiary data with another independent agent unless prior express written consent is obtained from the beneficiary, specifying the agent involved.
To review the full Personal Beneficiary Data Sharing Guidelines, please download the document here: Download TPMO Data Sharing Guidelines.
We appreciate your continued commitment to compliance and look forward to a successful Annual Enrollment Period.
