ACA pay per call: open enrollment 2027 guide

ACA (Marketplace) health insurance calls peak during open enrollment. Agents and brokers who receive them must document consumer consent under CMS rules, on top of the TCPA.

Updated Nov 1, 2026 · General information, not legal advice.

Open enrollment dates

  • Open enrollment runs November 1, 2026 to January 15, 2027 on HealthCare.gov
  • Enroll by December 15 for coverage starting January 1
  • Outside open enrollment, consumers need a qualifying life event (Special Enrollment Period)

Consent documentation for agents and brokers

Under 45 CFR 155.220(j)(2)(iii), in effect since June 18, 2023, agents and brokers must document that the consumer (or their authorized representative) consented to the help. Records are kept for at least 10 years. CMS publishes a model consent form.

For pay-per-call, the buyer's agent normally captures this on the call, but your intake script and recordings should support it.

Stack and best practices

  • Call tracking with state and hours routing, since agents must be licensed in the caller's state
  • Consent proof on every web form
  • DNC and litigator scrubbing for callbacks
  • Recordings kept so disputes and audits can be resolved

Tools to look at

Frequently asked questions

When is ACA open enrollment for 2027 coverage?

November 1, 2026 to January 15, 2027. Enroll by December 15 for coverage starting January 1, per HealthCare.gov.

Do ACA agents need consumer consent?

Yes. 45 CFR 155.220(j)(2)(iii) requires agents and brokers to document consumer consent and keep the record for at least 10 years. CMS publishes a model consent form.

Can ACA calls be routed nationwide?

Only to agents licensed in the caller's state. Use state-based routing and buyer caps.

Sources

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