Proposed CMS Regulation Changes 2027: What Medicare Agents Need to Know
The Proposed CMS regulation changes 2027 for Medicare Advantage and Part D include several major changes that will directly affect how Medicare agents, brokers, and TPMOs operate during the next Annual Enrollment Period (AEP). These proposals aim to strengthen beneficiary protections, reduce administrative burden, and improve marketing oversight.
TPMO Oversight: Targeting Bad Actors, Not Everyone
CMS is refining its approach to Third-Party Marketing Organization (TPMO) regulation. Instead of blanket oversight, CMS aims to better identify and hold “bad actors” accountable while reducing the burden on compliant agents and organizations.
Key proposed changes include:
- New methods to distinguish good-faith errors from misleading practices
- Better alignment of incentives between agents, brokers, and TPMOs
- Continued focus on consumer transparency
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Updated TPMO Disclaimer Requirements
CMS proposes that the TPMO disclaimer must be read before discussing any plan benefits. Additionally, State Health Insurance Programs (SHIPs) would be removed from the disclaimer wording.
Call Recording Relief for Agents
A major compliance update: CMS is proposing to reduce the call-record retention period from 10 years to 6 years, with alternatives like 3 years or transcript retention also under review. This would significantly reduce data storage requirements for Medicare agents.
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Marketing Events and Communications: More Flexibility for Agents
CMS wants to remove the 12-hour waiting period between educational and marketing events. Agents could immediately transition into a marketing presentation if they clearly announce the shift to attendees. This change helps agents plan events more efficiently and improves lead engagement.
Scope of Appointment (SOA) Changes That Benefit Agents
The proposal includes some of the most agent-friendly SOA updates in years:
- Elimination of the 48-hour SOA waiting period
- Written SOA required for in-person meetings, while electronic or audio formats remain approved for remote appointments
- BRCs, voicemails, and online lead forms recognized as SOAs, providing clearer compliance for digital marketing and lead generation
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These updates would help Medicare agents schedule appointments faster and reduce friction with prospects.
Advertising Rules: Superlatives Allowed Again
CMS proposes lifting the blanket ban on superlatives like “best” or “most”; as long as statements are accurate, substantiated, and not misleading. This gives agents more flexibility in plan comparisons and advertising campaigns while maintaining compliance standards.
Enrollment & SEP Updates for 2027
Key proposed changes include:
- Expanded provider termination SEP, allowing beneficiaries affected by any provider termination to switch plans
- Clearer rules requiring CMS approval for SEPs tied to sanctions or contract violations, processed through 1-800-MEDICARE
Additional CMS Updates Agents Should Watch
- Proposed elimination of the mid-year supplemental benefits notice
- Updates to Star Ratings and quality measures
- CMS requests feedback on C-SNP and I-SNP growth and support for dually eligible beneficiaries
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Preparing for the 2027 AEP
The 2027 CMS Proposed Rule reflects a continued effort to balance consumer protection with administrative relief for agents. Medicare agents should begin reviewing these changes now to adjust their sales processes, marketing strategies, and compliance practices before final rules are released.