Medicare AEP 2027: New Marketing Rule Changes for Agents
Prepare for Medicare AEP 2027 with our guide to October 1 changes. Learn how new Medicare marketing rules affect SOAs, TPMO disclaimers, and call recording.
Medicare agents and brokers preparing for AEP 2027 have an important date to add to their calendars: October 1, 2026.
That is when the CY2027 Medicare marketing changes take effect for CY2027 marketing. The changes affect how agents handle Personal Marketing Appointments (PMAs), Scope of Appointment (SOA) procedures, Third-Party Marketing Organization (TPMO) disclaimers, call recording, educational events, and transitions into marketing events.
The AEP for 2027 coverage runs from October 15 through December 7, 2026. That makes the first half of October especially important for confirming that scripts, appointment workflows, recording systems, event procedures, and agency policies are ready.
This is an agent-facing compliance overview, not legal advice. Agents and agencies should review the current requirements with each Medicare plan, carrier, Field Marketing Organization (FMO), compliance professional, and applicable state regulator before using updated procedures.
The primary CMS resource is the CMS CY2027 Agent and Broker Training and Testing Guidelines. Use that document, your plan contracts, and your agency’s compliance materials as the foundation for AEP preparation.
CY2027 Medicare marketing timeline
The key dates are straightforward:
October 1, 2026: CY2027 Medicare marketing changes take effect for CY2027 marketing.
October 15, 2026: AEP begins for 2027 Medicare coverage.
December 7, 2026: AEP ends for 2027 Medicare coverage.
The October 1 date is not simply a training deadline. It is the date when agents should be prepared to operate under the updated marketing framework for CY2027 activity.
That means agencies should not wait until October 15 to review their workflows. AEP is the enrollment window, but CY2027 marketing activity begins earlier. Scripts, lead handling, appointment scheduling, disclaimers, event notices, and recording processes should be reviewed before October 1.
The 48-hour SOA waiting period is eliminated, but the SOA is not
One of the most discussed changes is the elimination of the 48-hour wait between a completed Scope of Appointment and a Personal Marketing Appointment.
This change can make appointment scheduling more flexible. However, it does not eliminate the SOA requirement where an SOA is otherwise required.
That distinction matters.
The SOA remains a required part of applicable interactions, and agents must still check the written SOA rules and exceptions for the specific type of interaction involved. The correct procedure may differ depending on whether the interaction is a personal appointment, a marketing event, an educational event, a beneficiary-initiated contact, or another type of communication.
What is a Personal Marketing Appointment?
A Personal Marketing Appointment, or PMA, is a tailored interaction with an individual beneficiary or a small group for the purpose of discussing marketing topics.
This is different from a broad public educational event or general communication. A PMA is more individualized and may involve discussion of plan benefits, products, or enrollment-related topics.
When an interaction meets the applicable definition of a PMA, agents should follow the relevant written SOA requirements. The elimination of the 48-hour waiting period means an agent may not have to wait 48 hours after completion of the SOA before conducting the appointment. It does not mean the agent can skip the SOA.
Beneficiary-initiated contact is not automatically exempt
A common mistake is assuming that an inbound contact does not require an SOA because the beneficiary initiated the conversation.
That is not a safe assumption.
A beneficiary may contact an agent by phone, walk into an office, submit a web-based form, start a chat, or use another inbound channel. If the interaction becomes a tailored discussion of marketing topics, the applicable SOA rules still need to be evaluated.
The source of the contact is only one factor. The content, purpose, and format of the interaction also matter.
Agents should distinguish between:
A general request for information
A broad educational communication
A beneficiary-initiated request that becomes a tailored marketing discussion
A scheduled one-on-one PMA
An enrollment or sales call
The agency’s written procedures should explain how staff identify each type of interaction and when an SOA is required.
The TPMO disclaimer must come before plan-benefit discussions
For CY2027 marketing, the TPMO disclaimer must be provided before any discussion of plan benefits.
This timing is important because it changes how agents should structure the opening of calls, meetings, and other personalized marketing interactions.
The disclaimer should not be treated as an afterthought or something added after the agent has already started discussing benefits. If the conversation is moving toward plan-specific benefits, the required disclaimer should already have been delivered.
Update scripts and call openings
Agencies should review:
Telephone scripts
Video meeting scripts
In-person appointment checklists
Web-based appointment workflows
Lead follow-up procedures
Appointment confirmation messages
Call-center or virtual-agent handoff scripts
Training materials for new agents and support staff
The goal is to make the disclaimer timing consistent across communication channels.
Agents should also confirm the precise disclaimer language required by the applicable CMS rules, plan contracts, and agency procedures. The CMS framework may establish a minimum, while a plan or agency may require additional language, documentation, or approvals.
Do not assume that a script used during a prior AEP remains appropriate for CY2027.
Build a complete call-recording workflow
The CMS CY2027 training guidelines address recording requirements for marketing, sales, and enrollment calls. The guidelines state that organizations and TPMOs operating on their behalf must ensure that applicable marketing, sales, and enrollment calls are recorded in their entirety, including the audio portion of calls conducted through web-based technology.
A compliant workflow should be more than simply turning on a recorder.
A practical recording checklist
Before AEP, agents and agencies should confirm:
Which calls must be recorded.
Identify calls involving marketing, sales, and enrollment. Do not rely on an informal interpretation by individual agents.When recording begins.
The system should capture the applicable call from the beginning, not only after the conversation becomes sales-focused.Whether web-based audio is captured.
Video meetings, browser-based calls, and other web technologies may require special configuration.How recording notices are handled.
Confirm the required notice language and timing under applicable federal, state, privacy, and plan requirements.How recordings are stored.
Storage should be secure, access-controlled, searchable, and connected to the appropriate call record.How recordings are retrieved.
Agencies should be able to locate a recording using information such as agent, date, time, beneficiary record, or interaction identifier.What happens when recording fails.
Establish a documented escalation process for technical failures, incomplete recordings, or calls routed through an unapproved system.Who can access recordings.
Access should be limited to authorized personnel and handled consistently with privacy and records policies.
Retention periods require explicit review
Linda approval required before publication: Do not describe a reported reduction in marketing or sales call-recording retention from 10 years to 6 years as a universal rule. Retention depends on applicable CMS requirements, plan contracts, state law, privacy and records rules, and agency policy.
In other words, agents should not automatically delete recordings after a single assumed period. The correct retention schedule must be confirmed for the specific business relationship and jurisdiction.
Agencies should document the retention standard they are using and identify who approved it. If a plan contract requires a longer retention period than an agency policy, the contract may affect the operational requirement. State law and privacy rules must also be considered.
Educational events and marketing events can transition with notice
The previous 12-hour gap between an educational event and a marketing event at the same location is removed for CY2027.
A transition from an educational event to a marketing event may now be permitted, but it is not an invisible changeover. Beneficiaries must be notified that the educational event is ending and that a marketing event will begin shortly. They must also receive a sufficient opportunity to leave before the marketing event starts.
This means the event host, presenter, and support staff need a clear transition procedure.
Keep the event types distinct
Educational and marketing events serve different purposes. Agencies should avoid blending them in a way that confuses attendees about what is taking place.
A transition checklist should address:
How the end of the educational portion is announced
How the upcoming marketing event is described
How attendees are given an opportunity to leave
When marketing materials may be displayed or distributed
Which staff member is responsible for the notice
How the transition is documented
How questions are handled during the changeover
The new rule also allows SOAs to be collected at educational events. Even with that flexibility, agents should continue to explain the purpose of the form and follow written procedures for completing, storing, and using it.
Collecting an SOA at an educational event does not turn the entire event into a marketing appointment. The event’s purpose, format, and transition process still need to be handled carefully.
Prohibited outreach and cross-selling remain high-risk areas
The updated timing rules do not create permission for unrestricted outreach.
Agents and agencies should continue to pay close attention to unsolicited contact, lead use, referrals, and cross-selling. The CMS training guidelines identify inappropriate or prohibited activities involving unsolicited beneficiary contact, marketing outside permitted settings, and discussing products that were not agreed upon by the beneficiary.
Do not treat a lead as blanket permission
A lead, inquiry, form submission, referral, or inbound call should not automatically be treated as permission to discuss every product or insurance category.
The agent should know:
Why the person contacted the agency
What information the person requested
What product or topic was within the agreed scope
Whether the interaction has become a PMA
Whether an SOA is required
Whether the person has provided the appropriate permission for follow-up
Whether the plan or agency imposes additional restrictions
A person asking about Medicare does not automatically agree to discuss unrelated products. A person asking about one category of coverage does not automatically agree to discuss every other category.
Review cross-selling procedures
Cross-selling rules can involve both health-care-related and non-health-care-related products. Agencies should have a written process for determining when an additional product may be discussed and what consent, scope, or appointment requirements apply.
Agents should not use a Medicare marketing conversation as an opportunity to introduce unrelated products simply because the beneficiary is available.
When in doubt, pause the conversation, explain that a separate discussion may be required, and follow the agency’s approved procedure.
CMS requirements are only one layer of compliance
The CMS minimum is important, but it is not always the complete operating standard for an agent or agency.
A compliant AEP workflow may need to account for several layers:
CMS requirements
CMS rules and guidance establish federal Medicare marketing, communication, training, testing, recording, and beneficiary-protection requirements. The CY2027 Agent and Broker Training and Testing Guidelines should be part of every agent’s AEP preparation materials.
Plan contracts
Each Medicare plan or carrier may include contract provisions, approved scripts, required materials, reporting duties, recording requirements, audit procedures, and restrictions that go beyond a general CMS minimum.
Agents should review the materials for every plan they represent rather than relying on one generic agency script.
State law
State insurance laws and regulations may affect solicitation, appointment procedures, call recording, disclosures, privacy, advertising, and agent conduct. Requirements can vary by state, so multi-state agents should not assume that one state’s process works everywhere.
Privacy and records rules
Call recordings, SOAs, contact information, and beneficiary-related documentation should be handled under applicable privacy and records requirements. Security, access controls, storage, retention, and deletion procedures all deserve review.
Agency policy
An agency or FMO may establish procedures that are more detailed than the CMS minimum. Those procedures may control how agents use lead data, document appointments, deliver disclaimers, record calls, escalate errors, and retain records.
The practical takeaway is simple: use CMS as the foundation, then layer on plan, state, privacy, and agency requirements.
AEP 2027 readiness checklist for agents
Before October 1, agents should confirm that they can answer “yes” to the following questions:
Have I reviewed the CMS CY2027 Agent and Broker Training and Testing Guidelines?
Have I confirmed my plan or FMO’s CY2027 training and testing requirements?
Do I understand that the 48-hour SOA waiting period is eliminated but the SOA may still be required?
Do I know how my agency handles beneficiary-initiated inbound contacts?
Does my script provide the TPMO disclaimer before any discussion of plan benefits?
Are marketing, sales, and enrollment calls recorded in the required manner?
Are web-based audio calls included in the recording workflow?
Do I know the approved retention standard for my plans, states, agency, and privacy obligations?
Can my team distinguish educational events from marketing events?
Does the event process provide notice before an educational-to-marketing transition?
Can beneficiaries leave before the marketing event begins?
Can SOAs be collected at educational events under the approved process?
Do I know what outreach and cross-selling activities are prohibited?
Have I reviewed every plan contract and approved marketing material I will use?
Do I know whom to contact when a recording, SOA, disclaimer, or event issue occurs?
Where eMavio fits: and where it does not
eMavio is a marketing and lead-generation platform and insurance directory. It connects consumers with licensed health insurance professionals, but it does not perform an agent’s CMS compliance workflow.
eMavio does not perform SOAs, deliver TPMO disclaimers, record calls, manage educational-to-marketing event transitions, approve scripts, interpret plan contracts, or determine whether an agent’s conduct complies with CMS or state requirements. Those responsibilities remain with the licensed agent, agency, plan, FMO, and applicable compliance resources.
For agents and agencies interested in being listed through the platform, sign up or claim a directory profile through the eMavio agent page. This is the only agent signup destination referenced in this article.
For transparency, eMavio is a marketing and lead-generation platform and directory: not an insurance agency, broker, carrier, or government entity. eMavio does not sell insurance, provide quotes, determine eligibility, make Medicare or health insurance recommendations, provide coverage guidance, compare plans, or enroll consumers in insurance plans.
Consumers who use the eMavio website should perform their own research and select a local health insurance agency from the directory. The licensed agent or agency: not eMavio: is responsible for answering insurance questions, discussing plan benefits, completing required compliance steps, and handling any enrollment activity.
Final takeaway
The October 1, 2026 changes make some Medicare marketing procedures more flexible, but they do not make compliance optional.
The 48-hour SOA waiting period is eliminated, while applicable SOA requirements remain. The TPMO disclaimer must come before any discussion of plan benefits. Educational events may transition into marketing events with proper notice and an opportunity to leave, and SOAs may be collected at educational events. Call-recording obligations and retention procedures still require careful review.
Agents should use the time before AEP to update scripts, test recording systems, review plan contracts, train staff, document event procedures, and confirm how their agencies handle inbound leads and cross-selling.
The strongest AEP workflow is one that treats October 1 as the operational readiness date: not the day to begin preparing.
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