CMS Proposes New Medicare Marketing Rules after NAIFA Meets with CMS

On November 25, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule for Calendar Year (CY) 2027 that would make significant changes to the marketing rules governing advisors on Medicare coverage. The changes would rescind some of the onerous Biden-era regulations that made working in the Medicare space more difficult. The proposal came after a CMS-NAIFA meeting to outline the value professional advisors provide to those making Medicare purchasing decisions.

Among the proposed changes are:

• Authorization to add marketing events to educational events (with appropriate notice)
• Permission to allow plans to collect scope of appointment (SOA) forms at educational events—this proposal eliminates the mandatory 48-hour waiting period after a person completes an SOA
• Removal of restrictions on the use of superlatives in marketing materials so long as the plan can factually support the claim if and when CMS requests such support—the proposal would eliminate duplication with general restrictions that prohibit plans from providing misleading, confusing or materially inaccurate information, CMS said.
• Modification of the requirement that third party marketing organizations (TPMOs) read a TPMO disclaimer in the first minute of a marketing call—under the proposal, the disclaimer would have to be read “prior to discussion of any benefits.” The proposal also requires TPMOs that market plans from more than one MA organization to display the disclaimer prominently on websites, and include it in all electronic marketing materials (including emails and online chats).
• Reduction in call recording retention requirements for sales and marketing calls from 10 years to six years
• Elimination of the annual mid-year notice for unused supplemental benefits
• Rescission of the requirement of a Notice of Availability for language assistance services and auxiliary aids and services

NAIFA Meets with CMS: On Nov. 13, representatives of NAIFA’s Medicare Collective, an initiative of the Lifetime Healthcare Center, met with officials from CMS to discuss the role of brokers and agents in providing vital guidance, services, and protections to consumers in the Medicare space. They presented the Collective’s plan to work with CMS and insurance carriers to ensure Medicare beneficiaries receive the best possible coverage and care in these challenging times. They also addressed rising concerns that the failure to adequately compensate agents for their work would harm consumers by leaving them vulnerable to misinformation or without competent, personalized assistance as they navigate complex coverage options, plans, and regulations.

In introductory remarks, Dr. Darwin Hale, CEO & Founder Advocate Health Advisors, offered an overview of the Medicare Collective’s mission to support insurance and financial professionals specializing in Medicare solutions and help them enhance their expertise on the complexities of healthcare-related products and regulations. He also stressed that Medicare Collective members can serve as a valuable resource to CMS.

“Our members see firsthand which programs work and which do not,” said Carroll Golden, Executive Director for NAIFA’s Knowledge Centers and the Collective. “Together CMS and the NAIFA Medicare Collective can improve protections for beneficiaries in a way neither one can separately.”

Prospects: NAIFA and its Medicare Collective are generally pleased with CMS’ proposed CY 2027 marketing rules, but will of course continue to work on improving them even further. Once finalized, the CY 2027 proposed rules would take effect as of October 1, 2026.

NAIFA Staff Contacts: Diane Boyle – Senior Vice President – Government Relations, at dboyle@naifa.org; and Mike Hedge – Senior Director – Government Relations, at mhedge@naifa.org;.