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Medicare marketing rules for agents: TPMO disclaimer, CMS limits

Updated 2026-11-14 · 5 min read

The rule: the TPMO disclaimer, word for word

The CMS marketing rules cover Medicare Advantage plans (42 CFR Part 422) and Part D drug plans (Part 423). An independent agent counts as a third-party marketing organization (TPMO): CMS defines a TPMO to include "independent agents and brokers, who are compensated to perform lead generation, marketing, sales, and enrollment related functions" (42 CFR 422.2260).

If you don't sell every plan in the area, the disclaimer is:

"We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options." (42 CFR 422.2267(e)(41))

If you sell for every carrier in the area, it reads "Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. You can always contact Medicare.gov or 1-800-MEDICARE for help with plan choices." (same section)

The disclaimer is required when you sell for more than one carrier. Where it goes:

ChannelRule (422.2267(e)(41))
Sales callsSaid out loud, before any benefits are discussed
Email, online chat, other electronic messagesIncluded in the message
Your website"Prominently displayed"
Print, TV and other marketingIncluded in every piece

What changed for 2027 marketing

CMS's contract year 2027 rule changed both the disclaimer and appointments. CMS says the changes "apply to all Contract Year 2027 (CY2027) marketing and communications materials beginning October 1, 2026" (CMS tip sheet).

Scope of appointment rules without the 48 hours

You still need one before every sales appointment. Agents must "secure and document a Scope of Appointment prior to a personal marketing appointment" (422.2274(b)(3)). For in-person meetings it must be in writing (422.2264(c)(3)(i)).

The scope limits what you can sell. It is valid for 12 months; adding another health product needs a new scope, and non-health products such as annuities can't be marketed in the appointment (422.2264(c)(3)(iii)).

Can I cold call, text or DM Medicare leads?

No. Without a prior request, you may not use "telephone solicitation (that is, cold calling), robocalls, text messages, or voicemail messages," and you may not "send direct messages from social media platforms" (422.2264(a)(2)). Calls to referrals count as cold calls under the same paragraph.

Mail, print ads and email are allowed unsolicited, if every email has an opt-out (422.2264(a)(1)). A call stops being unsolicited when the person asks:

"Calls are not considered unsolicited if the beneficiary provides consent or initiates contact with the plan." (42 CFR 422.2264(a)(3))

That makes the ad's job clear: get the person to call you, book, or fill in a request form.

Lead forms and bought Medicare leads

Two disclosures apply to anyone generating leads (422.2274(g)(3)):

Passing a lead to another agency or agent needs one-by-one consent. Since October 1, 2024, a TPMO may share the data with another TPMO only with prior express written consent through a disclosure "that lists each entity receiving the data and allows the beneficiary to consent or reject to the sharing of their data with each individual TPMO" (422.2274(g)(4)). Before you buy Medicare leads, ask the seller for the consent screen showing your agency's name. Phone and text consent under federal telemarketing law is a separate test: see TCPA consent for bought leads.

What your ads can and can't say

RuleSource
An ad that mentions plans, benefits or costs names the carrier or plan marketing name; on TV, online and social, read it at the phone number's pace or show it throughout in the same font size422.2263(b)(9)
Don't call a $0 premium "free"422.2262(a)(1)(xi)
Don't claim Medicare or CMS recommends or endorses you422.2262(a)(1)(ix)
Medicare card image only with CMS authorization422.2262(a)(1)(xvii)
Where 1-800-MEDICARE appears, show its hours (24/7) at least once; outdoor, banner and radio ads exempt422.2262(c)
Next year's plans: marketing starts October 1422.2263(a)
No meals; gifts only of nominal value, offered whether or not they enroll422.2263(b)(2)–(3)
Testimonials: a real enrollee at the time, "paid" if paid, "actor portrayal" if an actor422.2262(b)

Carriers must also submit agent and broker marketing materials to CMS before use (422.2274(c)(7)), so check your carrier's approval process before an ad that names its plans goes live.

These rules bind the carriers, and through their contracts, you: a plan must ensure a TPMO "adheres to any requirements that apply to the MA plan" (422.2274(g)(1)). This page describes the regulation as of November 14, 2026; it isn't legal advice. Medicare is a US program.

Example

A Facebook ad for an independent agency

An agency with 6 carriers and 40 plans in two counties runs a video ad. The disclaimer appears on screen with those numbers, without SHIP. The ad asks viewers to call or book; staff don't message people who only liked the post.

A web lead on Tuesday, a call on Wednesday

A visitor fills in a request form, ticking a box that her details go to a licensed agent. She asks for a callback, so the call is solicited. The agent reads the disclaimer before discussing benefits, records a scope for Medicare Advantage, and may meet her Wednesday: no 48-hour wait.

Buying aged leads

A vendor offers 500 Medicare leads for USD 2,000. Its consent screen lists "partners" without names. Under 422.2274(g)(4) that doesn't cover your agency; pass.

Different for you?

Related guides

Sources

  1. 42 CFR 422.2267: required materials and content, including the TPMO disclaimer
  2. 42 CFR 423.2267: the same disclaimer for Part D
  3. 42 CFR 422.2264: beneficiary contact and scope of appointment
  4. 42 CFR 422.2274: agent, broker and TPMO requirements
  5. 42 CFR 422.2260: definitions (TPMO)
  6. 42 CFR 422.2262: general communications requirements
  7. 42 CFR 422.2263: general marketing requirements
  8. CMS Partner Tip Sheet: Changes to the MA and Part D Marketing Guidelines (CY2027)
  9. Federal Register 2026-06600: Contract Year 2027 MA and Part D final rule