CMS CY2027 rule changes the TPMO disclaimer for marketing from Oct 1, 2026
CMS's contract year 2027 Medicare Advantage and Part D rule (91 FR 17583, published April 6, 2026) changes the TPMO disclaimer for marketing starting October 1, 2026. The disclaimer must be given before benefits are discussed, and the reference to SHIP was removed.
General information, not legal advice. Confirm anything you act on with TCPA counsel.
What changed
Third-party marketing organizations (TPMOs) selling Medicare Advantage or Part D plans must use CMS's standardized disclaimer under 42 CFR 422.2267(e)(41). CMS's CY2027 final rule, published April 6, 2026, revised that disclaimer for marketing starting October 1, 2026: it must be given before benefits are discussed, and the reference to State Health Insurance Assistance Programs (SHIP) was removed.
The rule sits alongside existing requirements in 42 CFR 422.2274, including recording marketing, sales and enrollment calls in their entirety, and the CY2025 requirement for TPMO-specific written consent before beneficiary data is shared with another TPMO.
What it means for pay-per-call teams
Update Medicare call scripts, IVR prompts and ad disclaimers for the 2027 AEP. Keep full call recordings as CMS requires.
Checklist
- Move the TPMO disclaimer to the start of the call, before any benefits discussion
- Update the disclaimer text in scripts, IVRs and ads
- Confirm recording and retention settings in your call platform
- Re-train agents before AEP (October 15 to December 7)