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2026 Medicare Marketing Compliance: What Changes, and When

Read this first: the timing trap

The CY2027 CMS final rule is legally effective June 1, 2026, but the marketing and communications changes below take effect October 1, 2026. Through September 30, 2026, the current rules still govern your field activity. Switching to the new rules early is itself a violation, so do not change your process until October 1.

Through Sept 30, 2026 (current)
Starting Oct 1, 2026 (new)
Scope of Appointment, 48-hour rule
NowAn SOA must be documented at least 48 hours before the appointment, with limited exceptions (for example beneficiary-initiated walk-ins, or the final days of a valid enrollment period).
Oct 1The 48-hour advance requirement is removed. An SOA is still required before discussing specific plans, just without the wait.
TPMO disclaimer, timing
NowThe TPMO disclaimer must be delivered within the first minute of a sales call.
Oct 1The disclaimer must be delivered before plan benefits are discussed. The wording is also simplified and the SHIP reference is removed.
Call recording, retention
NowSales call recordings must be retained for 10 years.
Oct 1Retention drops to 6 years. Recording is still required.
Educational vs. marketing events
NowA 12-hour separation is required between an educational event and a marketing or sales event, and SOAs may not be collected at educational events.
Oct 1No separation is required, as long as you notify attendees and let them leave. SOAs may be collected at educational events.

What does not change

  • You are a TPMO. The TPMO disclaimer is still required; only its timing changes.
  • Permission to contact is required before you reach out, expires after 12 months, and never authorizes a cold call.
  • A valid SOA is required before discussing specific plans, and it stays good for 12 months.
  • Discuss only the plan types the beneficiary agreed to on the SOA.
  • Sales calls must still be recorded; only the retention period changes.
  • Nominal-gift rules still apply: never cash, never tied to enrolling, and under the CMS threshold.
Training aid, not legal advice. CMS guidance and carrier or FMO requirements change and can be stricter than the federal minimum. Always confirm the current rules with CMS and your upline before you act. The exact simplified disclaimer wording and current nominal-gift threshold should be confirmed against your carrier and FMO materials. Last reviewed June 2026.
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