Compliance
TPMO disclaimer rules for 2027: when to give it and what changed
By the QuoteDeck team · Updated · 2 min read
The short answer
Starting October 1, 2026, for Contract Year 2027 marketing, the TPMO disclaimer must be given verbally before Medicare Advantage or Part D benefits are discussed, instead of within the first minute of the call. CMS also removed State Health Insurance Assistance Programs (SHIPs) from the resources the disclaimer lists. Carriers and FMOs can keep stricter scripts, so check yours.
What changed for 2027
CMS made two changes to the third-party marketing organization (TPMO) disclaimer in the Contract Year 2027 Medicare Advantage and Part D final rule. They apply to CY2027 marketing and communications beginning October 1, 2026.
| Before | Starting October 1, 2026 | |
|---|---|---|
| Verbal timing on a call | Within the first minute of the call | Before benefits are discussed |
| Resources the disclaimer names | Medicare.gov, 1-800-MEDICARE and the State Health Insurance Assistance Program (SHIP) | SHIPs removed, so the disclaimer points people back to Medicare.gov and 1-800-MEDICARE |
What did not change
- If you sell for a TPMO, you still give the disclaimer. The change is when you give it on a call, not whether.
- It still tells the beneficiary that you do not offer every plan available in their area and where to get information on all of their options.
- Carriers and FMOs can require stricter timing or exact scripts. Use the version your carrier or FMO gives you.
A compliant call flow
- Confirm a completed Scope of Appointment for the products you will discuss.
- Give the TPMO disclaimer verbally before you discuss any plan benefits. Many agents still give it at the start of the call so it is never missed.
- Record the call as your carrier requires. For 2027, plans must keep sales and marketing call recordings for 6 years, and transcripts may be used in place of recordings for years 4 through 6.
- Discuss only the product types covered by the Scope of Appointment.
Read the 2027 Scope of Appointment rules
QuoteDeck keeps each client’s Scope of Appointment, quotes and enrollment forms on one record, so the documents you need for a compliant appointment are in one place.
Frequently asked questions
When must the TPMO disclaimer be provided in 2027?
Verbally, before benefits are discussed. Before October 1, 2026, it had to be given within the first minute of a sales call.
Does the TPMO disclaimer still mention SHIP?
No. CMS removed State Health Insurance Assistance Programs (SHIPs) as a listed resource, since the disclaimer was meant to direct people back to 1-800-MEDICARE.
Can I still give the TPMO disclaimer at the start of the call?
Yes. The rule requires it before benefits are discussed, so giving it at the start of the call still meets it. Follow your carrier or FMO if their script is stricter.
How long do Medicare sales call recordings have to be kept for 2027?
6 years, down from 10. Transcripts may be used in place of recordings for years 4 through 6. Your carriers may require longer.
Sources
Checked on October 16, 2026. Rules change, so confirm with the source and your carriers.
This guide is general information for licensed insurance professionals, not legal or compliance advice. Follow CMS, state and carrier requirements that apply to you.
Keep SOAs, quotes and enrollments together
Send Scope of Appointment forms with your other client forms and keep every completed record next to the client’s quotes.