New Medicare Express Consent Requirements | CMS 2025 Final Rule

Type: Videos
Topic: Consent Mgmt

Summary

Hi, I’m with the government, and I’m here to help—if your idea of help means dealing with yet another regulation related to capturing express written consent. There are now over 80 countries and dozens of states with privacy laws. The latest CMS 2025 rule requires third-party marketers to obtain Medicare or Medicaid beneficiaries’ express written consent before sharing their personal data with other third parties (TPOs).

There are two key nuances in this regulation:

1. You need to obtain prior written consent for each marketing partner you plan to share the data with.
2. This requirement applies even when manually dialing the number. Ouch.

It’s not that these rules are inherently bad; the issue is that they are all different. Their idea of helping the little guy involves regulating the big guy, while our idea of helping the big guy is ensuring you navigate these unique consent requirements successfully.