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recording telephone conversations

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ste:
I have a potential client who would like to see me record telephone conversations during benefit verifications. The client seems willing to give me a lot of business, but still I am reluctant to record phone calls. A previous biller who is now retiring would record calls and at one point was able to sway an appeal in her favor after playing a recorded phone call showing benefits being misquoted. The physician was thrilled.
In my relatively short period of experience I've always lost these types of misquoted benefit appeals (a total of about 2). The insurance never has a problem with admitting giving me misinformation. However the insurance will stand behind their disclaimer that quoted benefits are not a guarantee of payment... And the appeal is denied. So, I just don't see the point behind recording phone conversations.
Anyway, my question is:
Is it legal to record such phone calls? And are these issues regulated more at the local and state levels?

The whole idea gives me a bad taste in my mouth and reminds me of Richard Nixon coming back to San Clemente with his tail between his legs.

DMEQueen:
It may actually work!  The Federal Law States at least ONE party must know they are being recorded.  If you can find a software that will turn the  phone convo into a transcript you may be better off than you think.  We all know the incorrect benefits quote or pre authorization quotes are a toss up with must persistence and various appeals you may have a better chance of winning with more incrimidating evidence against the insurance company.

These instances can can also help in retraining and training a staff to be more knowledgable than and to challenge  the insurance companies.  Have you thought about doing predetermination for claims you are really weary about?

PMRNC:
1. That is not the law. The law says BOTH parties must approve .. the carriers record for training quality purposes and that's your chance to hang up  if you want. 
2. It does not matter if you record them misquoting benefits because their disclaimer protects them from errors  "This is just a estimate of benefits, this is NOT a quote as benefits are based on the services rendered at the time of service".   So it's moot and waste of time and IMHO .. unethical.  Also it's not admissible in court unless both parties have agreed.

ste:
I agree with you Linda. I also think its a waste of time but the bottom line here is I want the business.

Michele:
I'm also thinking that if they are asking for this they may be difficult to work with.  How many years and how many calls did she record to win ONE appeal??  Seems like a lot of work for MAYBE winning ONE appeal.  I agree with you both.  I know I wouldn't agree to it.  There are times that I wish that I had a recording of a conversation but it's more to prove my point and in the end would not be worth the work of recording and keeping track of all calls to get back that one you need. 

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