CMS Releases First Draft of 2027 Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, and Medicare Cost Plan Programs Proposed Rule

Agility has our first take on the CMS 2027 Rule for its Medicare programs, which it regulates.

Same Day Education and Marketing Events

CMS proposes to remove the 12-hour separation ruleallowing you to run an educational event and immediately follow it with a compliant marketing event, provided attendees can opt out, in the 2027 Plan Year. This proposed change could be a significant win for agents running community events.

48-Hour SOA Rule Could Go Away

The proposal eliminates the mandatory 48-hour wait after you complete an SOA. If CMS approves this change, agents can hold appointments immediately, boosting conversion and reducing no-shows.

SOAs Allowed at Educational Events Again

CMS proposes bringing back the ability to collect SOAs at educational events. This change will improve lead capture, enable faster follow-up, and deliver more substantial event ROI.

TPMO Disclaimer Gets Less Clunky

CMS proposes to eliminate the “first minute” requirement. Agents will provide the TPMO disclaimer right before discussing benefits, and can remove the SHIP reference.

The result can lead to smoother, more natural conversations.

Call Recording Retention Reduced

CMS proposes reducing agent call retention from 10 years to 6 years, maybe less. This proposal will lower the administrative burden for agents and FMOs.

More Flexibility in Marketing Language

CMS proposes removing the ban on superlatives such as “best” and “top-rated” as long as they don’t mislead Medicare beneficiaries. This proposal can lead to greater freedom in ad copy and local marketing.

A Reminder

It’s essential to remember this is a proposed rule and is NOT final. This proposal may change, including the possibility of dropping these changes, but CMS is clearly signaling a significant shift toward reducing burdens on agents while maintaining beneficiary protections.

Agility will speak with Washington and CMS about these changes, advocating for their implementation to improve the Medicare enrollment experience for beneficiaries in 2027. We will inform you of developments on this subject as soon as we have them.

The Agility Advantage

Agility delivers insights like this to help you stay ahead in the evolving Medicare market, with regional market support, dedicated resources for agents, and new-agent tools they can use instantly.

 

  • Dedicated Producer Support at (866) 590-9771 or support@enrollinsurance.com to answer any insurance questions and direct you to our Medicare, ACA, and ancillary experts. They can also add you to our weekly email list for tips and updates.

 

Let Agility help you grow and adapt this AEP.

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