iYep, you heard that right, I wouldn’t go as far as to say it is banned but it is definitely a “we will call you do not call us” type of situation. What does that mean?
On April 30th the Governor of Mississippi (singing as I spell it, you remember right) signed into law HB 1350. This new law goes into effect July 1, 2024 and amends section 77-3-707 of the Mississippi Telephone Solicitation Act and Section 83-9-110 of Medicare Supplement Insurance. You can read the new bill here.
Section 77-3-707
(4) A telephone solicitor shall not make, or cause to be made, any telephone solicitation to any person in this state regarding any Medicare Advantage Plan. However, if a person has first initiated a call with a company or an entity regarding a Medicare Advantage Plan, a telephone solicitor is not prohibited from then making, or causing to be made, a telephone solicitation regarding a Medicare Advantage Plan. This subsection (4) of this section shall not apply to the extent it is preempted under 42 USC 56 Section 1395w-26(b)(3).
Essentially you cannot actively reach out to a consumer via a telephone solicitation to engage them for Medicare, the consumer must first contact you and then, and only then you may follow up via telephone.
Although soliciting under the business of insurance offers some exemptions in Mississippi, it specifically states that if you are soliciting a Medicare supplement policy or certificate this exemption does NOT apply to you.
Section 83-9-110
(2) An issuer may not make or cause to be made a telephone solicitation, as that term is defined in Section 77-3-705, for the purpose of advertising the sale or soliciting the purchase of a Medicare supplement policy or certificate. This subsection (2) shall not apply to the extent it is preempted under 42 USC Section 229 1395w-26(b)(3).
Keep in mind the changes that are going into effect this year as well with CMS! Oh and all the fun stuff the FCC and FTC have in store. It’s wild times out there.
