Agent & Marketing Rule Changes – Key Highlights
CMS has released updates for PY2027 that introduce several agent-friendly changes to Medicare sales and marketing requirements. Below is a summary of the most impactful updates:
Timing of Sales Appointments After SOA Completion
Agents are no longer required to wait 48 hours before conducting a sales appointment after a Scope of Appointment (SOA) is completed. Appointments may now occur immediately following SOA completion.
Additional Requirements:
- Spouses/family members may sign the same SOA
- In-person appointments require a written SOA
- Telephonic/virtual appointments may use audio, audio-visual, or electronic SOAs
- One SOA can cover multiple appointments within the same plan year
- A new SOA is required when discussing a different plan year
Collection of SOAs at Educational Events
Agents are now permitted to collect SOAs during educational events.
- No sales or marketing may occur during the educational event
- Sales activities may begin after the event concludes
Marketing Events Following Educational Events
CMS has eliminated the previous 12-hour waiting period between educational and marketing events.
- Marketing events may now occur immediately after an educational event and in the same location
- Agents must:
- Clearly notify attendees that the educational event has ended
- Inform them a marketing event will begin
- Provide a reasonable opportunity to leave (e.g., short break)
The requirement to read the TPMO disclaimer within the first minute of a call has been removed.
- Disclaimer must now be provided prior to discussing any plan-specific benefits
The updated disclaimer removes SHIPs and simplifies required language.
If NOT representing all plans:
“We do not offer every plan available in your area. Currently we represent [X] organizations which offer [Y] products in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.”
If representing all plans:
“Currently we represent [X] organizations which offer [Y] products in your area. You can always contact Medicare.gov or 1-800-MEDICARE for help with plan choices.”
Applies to:
- Sales calls
- Websites
- Marketing materials
- Email signatures
Record Retention for Telephonic Sales Calls
CMS has reduced retention requirements:
- 6 years total (previously 10 years)
- Years 1–3: Audio recordings required
- Years 4–6: Audio recordings or transcripts acceptable
Bottom Line
These updates represent a more flexible and agent-friendly environment, while still maintaining compliance standards. Key improvements include:
- Faster sales timelines
- Fewer administrative delays
- Simplified disclosure requirements
- Reduced record retention burden
Agents should continue to prioritize clear communication, proper documentation, and compliance adherence.