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:
| Channel | Rule (422.2267(e)(41)) |
|---|---|
| Sales calls | Said out loud, before any benefits are discussed |
| Email, online chat, other electronic messages | Included in the message |
| Your website | "Prominently displayed" |
| Print, TV and other marketing | Included 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).
- SHIP removed. The disclaimer no longer lists State Health Insurance Assistance Programs. Update old ads and website footers (CMS tip sheet).
- Timing on calls. The disclaimer comes "before benefits are discussed, rather than within the first minute of a call" (CMS tip sheet).
- No 48-hour wait. Plans may "schedule personal marketing appointments to occur any time after a Scope of Appointment (SOA) form is completed," and may collect SOA forms at educational events (CMS tip sheet).
- Call recordings. Kept 6 years, down from 10; transcripts may replace audio for years 4 to 6 (CMS tip sheet; 422.2274(g)(2)(ii)).
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)):
- Tell the person their information "will be provided to a licensed agent for future contact": verbally on the phone, in writing on paper, electronically online.
- On a live transfer, tell them they're being transferred to a licensed agent who can enroll them.
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
| Rule | Source |
|---|---|
| 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 size | 422.2263(b)(9) |
| Don't call a $0 premium "free" | 422.2262(a)(1)(xi) |
| Don't claim Medicare or CMS recommends or endorses you | 422.2262(a)(1)(ix) |
| Medicare card image only with CMS authorization | 422.2262(a)(1)(xvii) |
| Where 1-800-MEDICARE appears, show its hours (24/7) at least once; outdoor, banner and radio ads exempt | 422.2262(c) |
| Next year's plans: marketing starts October 1 | 422.2263(a) |
| No meals; gifts only of nominal value, offered whether or not they enroll | 422.2263(b)(2)–(3) |
| Testimonials: a real enrollee at the time, "paid" if paid, "actor portrayal" if an actor | 422.2262(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?
- Calling or texting leads you bought: TCPA consent for bought leads.
- Insurance ads on Facebook and Instagram: Meta special ad categories.
- The page your ads send people to: landing page for Google Ads.
- Running compliant Medicare ads every season: Paid Ads agent.