2027 CMS Final Rule
The CMS has released the 2027 final rule for Medicare Advantage and Part D that changes how agents can sell, market, and communicate with clients. Some long-standing restrictions are going away. However, at the same time, expectations for accuracy and compliance are increasing. You can read the full rule here: Full CMS Rule
For years, agents have had to deal with strict rules that slowed down the sales process. That’s starting to change. CMS is removing some of those barriers. But they’re not lowering the bar, they’re just shifting it. You’ll have more freedom, but you’ll need to be sharper than ever.
Third-Party Marketing Organizations (TPMOs)
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Disclaimer Changes:
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You no longer have to say the disclaimer in the first 60 seconds
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You no longer have to include the SHIP statement
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But: You still must give the disclaimer before discussing plan benefits
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Call Recording Retention:
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Agents have been required to keep call recordings for 10 years, to be exact. That’s now being reduced to 6 years.
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Marketing & Communications
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Educational vs. Marketing Events:
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In the past, you couldn’t go from an educational event to a sales event on the same day. That’s changing. Now you can:
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Host an educational event
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Move right into a sales conversation
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As long as:
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You clearly tell people what’s happening
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You give them the option to leave
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Scope of Appointment (SOA)
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Previously, agents had to wait 48 hours after receiving a Scope of Appointment (SOA) before discussing plans. Now:
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You can collect the SOA at the appointment
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You can move forward right away
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You still need the SOA before you discuss plan details
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Advertising Language
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Agents can now use words like:
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“Best”
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“Top-rated”
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“Most comprehensive”
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However, you still have to be honest and not misleading.
Other Programmatic Changes
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Star ratings are shifting
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CMS is removing 11 measures from the system
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The goal is for plans to give better clinical care to receive better ratings
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