# TPMO disclaimer in 2027: the new wording, timing and how QA checks it > CMS moved the TPMO disclaimer to before any discussion of benefits and dropped the SHIP referral. The current text, what stayed the same, and a QA check. Canonical URL: https://intalk.im/blog/tpmo-disclaimer-2027 Published 2026-10-20 · Updated 2026-10-20 · By Intalk Editorial Team · Intalk (https://intalk.im/) ## Key takeaways - For contract year 2027 marketing, which began October 1, 2026, agents must give the TPMO disclaimer before discussing any benefits, not within the first minute of the call. - The disclaimer no longer refers callers to the State Health Insurance Assistance Program; it points them to Medicare.gov or 1-800-MEDICARE. - The count of organizations and plans stays, and so do the email, website and print requirements, so update those materials along with the call script. - QA should check three things on every recorded sales call: all three sentences in the standardized words, accurate counts, and timing before the first benefit discussion. The final rule for contract year 2027 changed two things about the third-party marketing organization (TPMO) disclaimer: when an agent has to say it on a sales call, and where it sends the caller for more information.[^fr] The disclaimer now has to come before benefits are discussed rather than within the first minute, and the referral to State Health Insurance Assistance Programs (SHIPs) is gone.[^tip] Both apply to contract year 2027 marketing, which began on October 1, 2026, so they govern every sales call of this Annual Enrollment Period.[^tip] Below are the current text, what changed and what didn't, who has to say it, and a way for QA teams to check recorded calls. It is written for compliance and QA leads at agencies, FMOs and Medicare call centers. ## What does the TPMO disclaimer say now? A TPMO that doesn't offer every plan in the caller's area uses this standardized text:[^ecfr2267] > "We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options." > > — 42 CFR 422.2267(e)(41), as amended for contract year 2027[^ecfr2267] Only the last sentence changed. Through contract year 2026 it read "Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program to get information on all of your options."[^cfr2023] CMS describes the change as removing the SHIP reference "to streamline beneficiary guidance to 1-800-Medicare."[^tip] A TPMO that does offer every plan in the area uses a shorter version. It keeps the count sentence and ends "You can always contact Medicare.gov or 1-800-MEDICARE for help with plan choices."[^ecfr2267] > [!IMPORTANT] Check the words, not a summary > The disclaimer is standardized content, so paraphrases don't count. Before you change a script, compare it word for word with the current text in the eCFR, and check whether your carriers add requirements of their own.[^ecfr2267] ## What changed in the 2027 rule, and what didn't? The final rule was published in the Federal Register on April 6, 2026, and took effect on June 1, 2026, but CMS made its marketing and communications policies apply to contract year 2027 marketing beginning October 1, 2026.[^fr] Everything except the timing and the referral sentence stayed as it was. | Requirement | Through contract year 2026 | From October 1, 2026 | | --- | --- | --- | | When it is said on a sales call | Within the first minute of the call[^cfr2023] | Before any discussion of benefits[^ecfr2267] | | Where callers are referred | Medicare.gov, 1-800-MEDICARE or the local SHIP[^cfr2023] | Medicare.gov or 1-800-MEDICARE[^tip] | | Number of organizations and plans | Stated in the disclaimer | Still stated[^ecfr2267] | | Email, online chat and other electronic contact | Conveyed electronically | Unchanged[^ecfr2267] | | TPMO websites | Prominently displayed | Unchanged[^ecfr2267] | | Marketing materials, including print and TV | Included | Unchanged[^ecfr2267] | The Annual Enrollment Period runs from October 15 to December 7, 2026, so every enrollment-season sales call falls under the new timing and wording.[^aep] ## Who has to say it? The requirement applies to any TPMO that sells plans on behalf of more than one Medicare Advantage organization.[^ecfr2267] CMS defines TPMOs as "organizations and individuals, including independent agents and brokers, who are compensated to perform lead generation, marketing, sales, and enrollment related functions as a part of the chain of enrollment."[^ecfr2260] In practice that covers independent agents and agencies, FMOs, and call centers that sell for several carriers. An agent who sells for a single organization isn't covered by the disclaimer requirement as it is written, because it names TPMOs that sell for more than one MA organization.[^ecfr2267] Captive agents are still TPMOs for other rules: CMS has said they fall under the TPMO definition for call recording.[^faq22] Carriers can set stricter rules for their own captive teams, so ask them before you drop the disclaimer from a captive script. ## When does a call reach "the discussion of any benefits"? A call reaches it when the agent starts discussing the specifics of a benefit to steer the caller toward a plan or to influence their decision. A benefit that is only mentioned doesn't count.[^frp] In the proposed rule, CMS gave a mere mention as an example of what doesn't count: pointing out that nearly all MA organizations offer routine dental care.[^frp] As examples of a real discussion, CMS gave going through the benefits in a plan's Evidence of Coverage, or explaining how a caller's out-of-pocket cost sharing would work under a plan.[^frp] CMS also noted that calls often begin with basic demographic questions, and said that if a call never reaches benefits, it would not expect the disclaimer.[^frp] CMS finalized the timing change in the April 2026 rule.[^fr] That line is hard for QA to apply the same way on every call, because callers lead with benefit questions. "Does it cover my insulin?" can come before the agent has finished asking for a ZIP code. Our recommendation is to keep the disclaimer in the call opening: right after the agent gives their name and the purpose of the call, before any question about coverage, doctors, drugs or costs. The rule allows a later placement, but a fixed placement makes the check simple and the habit easy to train. ## How should QA check the disclaimer on a recorded call? Treat the disclaimer as a pass/fail gate, separate from the coaching items you score, and check three things on every sales call in the sample. 1. **All three sentences, in the standardized words.** The "We do not offer every plan" sentence, the count sentence, and the referral to Medicare.gov or 1-800-MEDICARE.[^ecfr2267] "We work with a few companies" is a paraphrase, not the disclaimer. 2. **Accurate counts.** The numbers of organizations and plans are placeholders in the rule text, so the agent's numbers should match what they can sell in the caller's area today.[^ecfr2267] A script with last year's contracting is wrong even when it is read word for word. 3. **Timing.** Note when the agent first discusses a benefit, then check that the disclaimer finished before that point.[^ecfr2267] Record both timestamps on the scorecard so a reviewer can see the evidence. The recording itself is part of the check. For contract year 2027, marketing and sales calls have to be recorded in full and kept for at least 6 years: as audio for the first 3 years, and as audio or complete, accurate transcripts for years 4 to 6.[^ecfr2274] ## Example openings: which pass and which don't These openings are illustrations for training, not approved scripts; adapt them with your compliance team and your carriers. Each starts after the agent has given their name and the reason for the call. | What the agent says | Result | Why | | --- | --- | --- | | "Before we look at plans, a required disclosure. We do not offer every plan available in your area. Currently we represent 6 organizations which offer 24 products in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options." | Pass | All three sentences, before any benefit | | The same text, ending "or your local State Health Insurance Program to get information on all of your options" | Update | The wording through contract year 2026, not the current standardized text | | "Most plans around here include dental. Before we go on, a required disclosure…" | Borderline | Close to CMS's example of a mere mention, but coach agents to give the disclaimer first | | "Your current plan's dental allowance is low, and the plan I'd look at pays more. Before we go on, a required disclosure…" | Fail | A specific benefit discussed before the disclaimer | | "We work with several companies but not all of them, so you can also check Medicare.gov." | Fail | A paraphrase with no count sentence, missing the standardized text | ## What should you update besides the call script? The timing change is about calls, but the wording change reaches every place the disclaimer appears.[^ecfr2267] - **Call scripts and call-flow software**, including any prompt that still says "within the first minute." - **Email, chat and text templates**, where the disclaimer has to be conveyed electronically. - **TPMO websites**, where it has to be prominently displayed, and **print, TV and other marketing materials**. - **QA scorecards**: replace "within the first minute" with "before the first discussion of benefits," and add a check for the old SHIP sentence. - **Training and role-play scenarios**, so new agents practice the new opening on callers who interrupt. The same rule made other changes agents notice, such as removing the 48-hour waiting period between a scope of appointment and a personal marketing appointment.[^tip] Review those with your compliance team at the same time. ## How should agents practice the new opening? Agents who learned the first-minute rule tend to rush the disclaimer, or skip it when the caller opens with a question. Practice the opening against callers who interrupt, and score it pass/fail separately from the rest of the conversation, so a good needs discussion can't make up for a missing disclaimer. - **The caller leads with a benefit question.** "Does this plan cover my insulin?" The agent acknowledges the question, gives the disclaimer, then asks about needs before answering. - **The caller tries to skip it.** "I don't need the legal stuff." The agent explains that it is required on every call and keeps it short. - **The call is transferred.** We found nothing in CMS's text about transfers. A receiving agent has to give the disclaimer before discussing benefits if the first agent didn't; whether to repeat it when it was already given is a policy decision, so write the policy down and have QA check it. Intalk's [simulated Medicare demo](https://intalk.im/demo?scenario=medicare) runs this kind of check: it looks for all three sentences of the contract year 2027 text in the agent's first answer, and stops lines that suggest Medicare endorses a plan before the customer hears them. It runs in your browser and doesn't reflect the production engine's accuracy. For a structured way to test practice tools like this with your own agents, see [how to pilot AI role-play training](https://intalk.im/blog/ai-role-play-pilot). ## Frequently asked questions ### Does the TPMO disclaimer still mention SHIP? No. For contract year 2027 marketing, the referral sentence names only Medicare.gov and 1-800-MEDICARE; CMS removed the reference to State Health Insurance Assistance Programs.[^tip] Scripts and materials that still mention SHIP carry the wording used through contract year 2026. ### When did the new timing take effect? CMS applied the rule's marketing and communications policies to contract year 2027 marketing beginning October 1, 2026.[^fr] The final rule was published on April 6, 2026.[^fr] ### Can an agent ask basic questions before the disclaimer? Yes. CMS noted that calls often start with basic demographic intake, and said a mere mention of a benefit isn't a discussion of benefits.[^frp] The disclaimer has to come before the agent discusses any benefits.[^ecfr2267] ### Do captive agents have to say it? As written, the requirement covers TPMOs that sell for more than one MA organization.[^ecfr2267] Captive agents are still TPMOs for call recording,[^faq22] and carriers may require the disclaimer anyway, so check with them. ### Does the disclaimer also apply to websites, email and chat? Yes. Besides sales calls, it has to be conveyed electronically in email, online chat and other electronic communication, prominently displayed on TPMO websites, and included in marketing materials such as print and TV ads.[^ecfr2267] [^fr]: Federal Register, "Medicare Program; Contract Year 2027 and Certain Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, and Medicare Cost Plan Program," 91 FR 17384, April 6, 2026, https://www.federalregister.gov/documents/2026/04/06/2026-06600/medicare-program-contract-year-2027-and-certain-contract-year-2026-policy-and-technical-changes-to (accessed October 20, 2026). [^frp]: Federal Register, "Medicare Program; Contract Year 2027 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, and Medicare Cost Plan Program" (proposed rule), November 28, 2025, https://www.federalregister.gov/documents/2025/11/28/2025-21456/medicare-program-contract-year-2027-policy-and-technical-changes-to-the-medicare-advantage-program (accessed October 20, 2026). [^tip]: CMS, partner tip sheet on the contract year 2027 changes to the marketing guidelines for Medicare Advantage organizations and Medicare drug plan sponsors, https://www.cms.gov/files/document/changes-medicare-advantage-organization-medicare-drug-plan-sponsors-marketing-guidelines.pdf (accessed October 20, 2026). [^ecfr2267]: eCFR, "42 CFR 422.2267 Required materials and content," https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-V/section-422.2267 (accessed October 20, 2026). [^cfr2023]: Code of Federal Regulations, 2023 edition (govinfo), "42 CFR 422.2267 Required materials and content," https://www.govinfo.gov/content/pkg/CFR-2023-title42-vol3/pdf/CFR-2023-title42-vol3-sec422-2267.pdf (accessed October 20, 2026). [^ecfr2260]: eCFR, "42 CFR 422.2260 Definitions," https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-V/section-422.2260 (accessed October 20, 2026). [^ecfr2274]: eCFR, "42 CFR 422.2274 Agent, broker, and other third-party requirements," https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-V/section-422.2274 (accessed October 20, 2026). [^faq22]: CMS, "Agent/Broker Marketing FAQs" (October 19, 2022), https://www.cms.gov/files/document/agent-broker-marketing-faqs-10-19-2022.pdf (accessed October 20, 2026). [^aep]: eCFR, "42 CFR 422.62 Election of coverage under an MA plan," https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-B/section-422.62 (accessed October 20, 2026).