The short answer
This is the talk track for a licensed agent calling a beneficiary who submitted a consultation request. It opens by citing the request, confirms the scope of what the beneficiary asked to discuss, captures the plan question for the appointment, and books a time. It never expands the conversation beyond what was requested, because 42 CFR 422.2264 prohibits unsolicited solicitation and the scope rules are the whole game.
High-regulation calling. This profession carries sector rules a dialer does not satisfy on its own. Have counsel review scripts, lists and consent before any live campaign.
The script
Sample talk track. Fictional names. Adapt it to your offer and your rules.- Rep
Good morning, may I speak with Mrs. Chen? This is David, a licensed Medicare agent with Brookfield plans. You submitted a request on our site Tuesday asking for a consultation about plan options, and I am calling to schedule that with you.
- Prospect
Yes, I did. I wanted to understand the difference between two plans.
- Rep
Happy to help with exactly that. So we use our time well: you asked about how two plans differ on copays and network. Is that still the question, or has it changed since Tuesday?
- Prospect
That is it, mostly. My daughter usually helps me with this. Should she join?
- Rep
She is welcome to join, and it is often better with both of you hearing the same information. I have times Thursday at ten or Friday at two with a licensed agent. Which works better?
- Prospect
Thursday, ten, with my daughter on the phone too.
- Rep
Booked. One thing so there are no surprises: on the call we will cover what you asked about, the plan comparison. If you decide you want to discuss drug coverage as well, tell the agent at the start and she will document the expanded scope before going into it. Does that sound all right?
- Prospect
Yes, that is fine.
Counsel review notice
This is a C fit and the constraints are the point. Medicare Advantage marketing is among the most tightly regulated outbound categories in the United States. 42 CFR 422.2264(a)(2)(iv) prohibits unsolicited telephone solicitation, cold calling, robocalls, text messages and voicemail messages by Medicare Advantage organizations and their agents and brokers. The only calls described here are callbacks to documented beneficiary requests, reviewed by your compliance owner before the list loads. CMS marketing guidance, carrier agreements and your counsel govern what is actually permitted. Nothing in this guide is compliance or legal advice.
What the callback is for
A beneficiary submitted a request for a consultation. That request is the entire basis of the call, and the call has one job: confirm the scope of what was asked, capture the plan question so the agent arrives prepared, and book the time. It is not a selling call. The plan decision happens at the consultation, with documentation done the way CMS guidance and the carrier require.
Teams that treat the callback as a mini-pitch drift into scope problems. Teams that treat it as scheduling-plus-preparation stay clean, and the beneficiary gets a better appointment because the agent read the question before dialing.
Before you dial: the permission record is the list
Load only records whose documented request your compliance owner has reviewed. Each row carries the request language, the submission date, the assigned licensed agent and the beneficiary’s preferred time if the form captured one. A record without a reviewed request does not go in the queue, no matter how promising it looks.
The general calling rules still apply on top of the CMS rules: 16 CFR 310.4(c) and 47 CFR 64.1200(c)(1) cap solicitation calls at 8 a.m. through 9 p.m. local time at the called party’s location, and a revocation made by any reasonable means must be honored within a reasonable time not to exceed ten business days. Several states require all parties to consent before a call is recorded; Washington’s rule at RCW 9.73.030 is the standard example, and California’s Penal Code 632 works the same way.
The opening: the request, stated back
“You submitted a request on our site Tuesday asking for a consultation about plan options, and I am calling to schedule that with you.”
The opener does the one thing this category requires: it shows the beneficiary that this call exists because of something they did. The agent identifies as a licensed agent with the organization, states the purpose, and lets the beneficiary restate or revise the request. If the beneficiary does not remember submitting it, verify nothing, thank them, and route the record to the compliance owner rather than pushing forward.
The talk track, in order
The script runs permission, scope confirmation, logistics, booking, scope discipline. Three habits make it work.
First, confirm the scope in the beneficiary’s words. “You asked about how two plans differ on copays and network, is that still the question” puts the boundary where it belongs, with the beneficiary, and puts it on the recording.
Second, invite the caregiver. Adult children run this process more often than not, and an appointment the daughter did not attend gets rescheduled until she does.
Third, state the scope rule out loud at booking. “If you decide you want to discuss drug coverage as well, tell the agent at the start and she will document the expanded scope before going into it.” That sentence protects the beneficiary, the agent and the file at the same time, and saying it calmly is what makes it land as service rather than paperwork.
Moments you will hit
“While I have you, can you just tell me which plan is better?” Do not answer on this call. The consultation is where plan questions get answered, by the licensed agent, with the scope documented first.
“I never filled anything out.” Apologize, verify nothing, log the record for compliance review. Do not attempt to re-permission on the call.
“Can you enroll me right now?” Route to the licensed agent’s process. Enrollment happens with the required documentation, on the consultation call, not as a detour on the scheduling call.
“Stop calling me.” Log it immediately, suppress the record the same day, and honor the revocation within the required window. A beneficiary’s stop request ends the workflow permanently.
Dispositions a compliance owner can audit
- Consultation booked with day, time, attendees and confirmed scope.
- Scope of appointment documented before any expanded topic.
- Requested materials sent only for what was asked about.
- Not eligible, follow up in the permitted window with the date.
- Not interested with the request withdrawn.
- Do not call permanently on any stop request.
- Route to compliance for any record with a questioned permission basis.
What the AI summary captures
DialBreeze records and transcribes connected calls, then writes structured fields. For this workflow the useful ones are the request as restated, the confirmed scope, the plan question, the caregiver participating and the booked time. Those fields help the licensed agent prepare. The summary is not a compliance record, does not prove consent, and does not replace the documentation your compliance owner requires. Verify plan names and any benefit details against the recording before the appointment, because a misheard plan letter poisons the comparison the beneficiary asked for.
Compliance lines that matter
The CMS layer comes first: 42 CFR 422.2264 governs beneficiary contact and prohibits unsolicited telephone solicitation by plans and their agents, and 42 CFR 422.2274 governs agent, broker and third-party marketing organization conduct and compensation. The general telemarketing layer applies on top: calling hours under 16 CFR 310.4(c) and 47 CFR 64.1200(c)(1), revocation honored within a reasonable time not to exceed ten business days, and all-party recording consent in states like Washington under RCW 9.73.030 and California under Penal Code 632. Where protected health information is involved, the HIPAA business associate framework at 45 CFR 164.504(e)(1) shapes your tooling contracts. DialBreeze dials permissioned lists and takes notes. It does not determine whether a beneficiary may be contacted and does not produce required documentation. This page is not legal advice.
FAQ
Can an agency cold call Medicare beneficiaries?
What happens if the beneficiary raises a topic outside the request?
Can the AI summary serve as the compliance record?
Does the calling-hours rule still apply here?
Sources
- ecfr.gov /current/title-42/section-422.2264
- ecfr.gov /current/title-42/section-422.2274
- law.cornell.edu /cfr/text/47/64.1200
- app.leg.wa.gov /rcw/default.aspx?cite=9.73.030
Operational guidance, not legal advice. Rules vary by state and by campaign.