TPMO Disclaimer and CMS Call Recording Requirements for Medicare Agents

What Is the TPMO Disclaimer?

The TPMO disclaimer is a short, standardized statement that a third-party marketing organization selling Medicare Advantage (MA) or Part D plans must give consumers. It tells the beneficiary how many organizations and plans the TPMO represents and points them to official sources for all of their options. The required wording sits in 42 CFR 422.2267(e)(41) for MA and 42 CFR 423.2267(e)(41) for Part D. The same rules also require plans, through their contracts, to make sure TPMOs record marketing, sales and enrollment calls (42 CFR 422.2274(g)(2)(ii) and 423.2274(g)(2)(ii)).

This article is Medicare-only education. These CMS rules govern Medicare Advantage and Part D marketing. They do not apply to final expense or other life insurance calls, and none of the federal rules cited in this article requires recording final expense calls.

A note on dates: the regulation text quoted below comes from the CFR 2025 edition (revised as of October 1, 2025) on govinfo.gov. CMS later finalized changes to the disclaimer and to recording retention in its Contract Year 2027 rule, covered in a separate section below.

What Is a TPMO Under CMS Rules?

As published in the CFR 2025 edition, 42 CFR 422.2260 defines third-party marketing organizations 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." The definition describes the chain of enrollment as the steps a beneficiary takes from becoming aware of an MA plan to making an enrollment decision.

The same definition says TPMOs may be first tier, downstream or related entities (FDRs) of a plan, "but may also be entities that are not FDRs but provide services to an MA plan or an MA plan's FDR."

What Must the TPMO Disclaimer Say?

As published in the CFR 2025 edition, 42 CFR 422.2267(e)(41) calls the disclaimer "standardized content" and gives two versions.

If a TPMO does not sell for all MA organizations in the service area:

• "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, 1-800-MEDICARE, or your local State Health Insurance Program to get information on all of your options."

If the TPMO sells for all MA organizations in the service area:

• "Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. You can always contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program for help with plan choices."

The Part D version at 42 CFR 423.2267(e)(41) uses the same two statements, keyed to whether the TPMO sells for all Part D sponsors in the service area.

CMS says the CY2027 rule removed the State Health Insurance Program reference (see below), so the 2025 wording above is no longer the current script for CY2027 marketing. Get the exact current wording from your plans or the amended CFR before you update scripts.

When and Where Must the TPMO Disclaimer Be Used?

As published in the CFR 2025 edition, 422.2267(e)(41) says the MA organization must ensure the disclaimer is:

1. "Used by any TPMO, as defined under § 422.2260, that sells plans on behalf of more than one MA organization."
2. "Verbally conveyed within the first minute of a sales call."
3. "Electronically conveyed when communicating with a beneficiary through email, online chat, or other electronic means of communication."
4. "Prominently displayed on TPMO websites."
5. "Included in any marketing materials, including print materials and television advertisements, developed, used or distributed by the TPMO."

The Part D section, 423.2267(e)(41), applies the same uses to a TPMO that sells plans for more than one Part D sponsor. The "first minute" timing in item 2 is the 2025 text; the CY2027 rule changed it, as described next.

What Did the CY2027 Final Rule Change?

CMS published its Contract Year 2027 MA and Part D rule in the Federal Register on April 6, 2026 (FR Doc. 2026-06600). The rule's dates section says it is effective June 1, 2026, and its executive summary says the new marketing and communications policies apply to all contract year 2027 marketing and communications beginning October 1, 2026. Its table of contents includes sections on "Updating Third-Party Marketing Organizations (TPMO) Disclaimer Requirements (§§ 422.2267 and 423.2267)" and on revising TPMO record retention for call recordings under 422.2274(g)(2) and 423.2274(g)(2).

CMS's partner tip sheet on the rule (CMS Product No. 12237-P, September 2026) summarizes the changes this way:

• Disclaimer timing. CMS "required plans to now verbally give the disclaimer before benefits are discussed," rather than within the first minute of a call.
• Disclaimer wording. State Health Insurance Assistance Programs (SHIPs) were removed as a listed resource, because the disclaimer was intended to direct people back to 1-800-MEDICARE.
• Recording retention. "Plans must now retain sales and marketing call recordings for 6 years (down from 10 years)." The tip sheet adds: "Transcripts may be used in place of recordings for years 4–6."

We could not retrieve the amended regulatory text itself for this article, so the points above rely on CMS's own summaries. Ask your plans or counsel for the exact amended wording.

What Are the CMS Call Recording Requirements for TPMOs?

The Medicare call recording requirements are written as a plan oversight duty. As published in the CFR 2025 edition, 42 CFR 422.2274(g) says that when doing business with a TPMO, directly or through a downstream entity, "MA plans must implement the following as a part of their oversight of TPMOs." Under 422.2274(g)(2), contracts and agreements between the TPMO and an MA plan, or the plan's FDR, must ensure the TPMO:

• "Discloses to the MA organization any subcontracted relationships used for marketing, lead generation, and enrollment" ((g)(2)(i)).
• "Record[s] all marketing, sales, and enrollment calls, including the audio portion of calls via web-based technology, in their entirety" ((g)(2)(ii)).
• "Reports to plans monthly any staff disciplinary actions or violations of any requirements that apply to the MA plan associated with beneficiary interaction to the plan" ((g)(2)(iii)).
• "Uses the TPMO disclaimer as required under § 422.2267(e)(41)" ((g)(2)(iv)).

Two points are worth noting. First, the 2025 text reads "marketing, sales, and enrollment calls," not just sales calls. Second, the requirement is not limited to MA: 42 CFR 423.2274(g)(2)(ii) has the same recording requirement for TPMOs working with Part D sponsors, and (g)(2)(iv) points to the Part D disclaimer at 423.2267(e)(41).

Under 422.2274(g)(3), a TPMO generating leads must also, when applicable, tell the beneficiary that their information will go to a licensed agent for future contact and that they are being transferred to a licensed agent who can enroll them in a new plan.

How Long Must Medicare Sales Calls Be Kept?

As published in the CFR 2025 edition, 422.2274 itself states no retention period for recordings. Before the CY2027 change, the 10-year figure appears to have come from the plan's contract obligations: 42 CFR 422.504(d) says "The MA organization agrees to maintain for 10 years books, records, documents, and other evidence of accounting procedures and practices." That is a requirement on the MA organization under its CMS contract; plans may pass record-keeping duties to TPMOs through their agreements, so check yours.

For CY2027, CMS's tip sheet says plans must retain sales and marketing call recordings for 6 years, with transcripts allowed in place of recordings for years 4 through 6. Your upline or carrier agreement will set the period you must actually meet, so read it, and confirm with counsel before deleting anything.

What Happens If a TPMO Doesn't Comply?

Keep three kinds of consequences separate.

• CMS action is aimed at plans. 42 CFR 422.752 is titled "Basis for imposing intermediate sanctions and civil money penalties," and says CMS may impose sanctions "on any MA organization with a contract." Its grounds include an MA organization that "Fails to comply with communication restrictions described in subpart V of this part or applicable implementing guidance" ((a)(11)). Paragraph (b) is titled "Suspension of enrollment and communications," and paragraph (c) covers civil money penalties. The CMS sections cited here do not set a fine schedule for individual agents. This article quotes only the Medicare Advantage sanctions section (Part 422); Part D sponsors are governed by Part 423.
• Plan contracts carry it to TPMOs. Under 422.2274(g)(1), when a TPMO is not otherwise an FDR, "the MA organization is responsible for ensuring that the TPMO adheres to any requirements that apply to the MA plan." Under 422.504(i)(1), the MA organization "maintains ultimate responsibility" for its FDRs. In practice, a TPMO that skips the disclaimer or recording is answering to the plan and its upline under contract, with whatever remedies that agreement provides.
• Other law is separate. State recording-consent statutes, state insurance department rules and private lawsuits are a different question from CMS oversight. Our guide to call recording compliance and penalties covers those separately.

We are not aware of a CMS release naming an individual agent penalty under these sections, and we have not cited one.

What Should a Medicare Sales Call Checklist Include?

CMS's recording rule does not replace state consent laws. State law may add its own consent requirements; see our overview of call recording consent for insurance agents.

Where Do Inbound Calls Fit?

For Medicare, the 2025 recording text covers "all marketing, sales, and enrollment calls" and draws no line between calls the agent places and calls the consumer places, so treat an inbound Medicare sales call the same way: record it and give the disclaimer. Final expense is different. None of the CMS rules in this article applies to a final expense call. For how federal telemarketing rules treat final expense calls the consumer places, see our guide to inbound vs outbound leads. The sign-up note below is about final expense calls only.

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Frequently Asked Questions

What Is a TPMO Disclaimer?

A standardized statement, set by 42 CFR 422.2267(e)(41) and 423.2267(e)(41), that tells a Medicare beneficiary how many organizations and plans a TPMO represents and where to find information on all options. It applies to TPMOs selling for more than one MA organization or Part D sponsor.

When Must the TPMO Disclaimer Be Read?

The CFR 2025 edition says within the first minute of a sales call. For CY2027 marketing beginning October 1, 2026, CMS says it must be given verbally before benefits are discussed.

How Long Must Medicare Sales Calls Be Kept?

For CY2027, CMS says plans must keep sales and marketing call recordings for 6 years, with transcripts allowed in years 4 through 6. Your plan or upline agreement sets your actual obligation.

Do These Medicare Rules Apply to Final Expense Calls?

No. They cover Medicare Advantage and Part D marketing. Final expense calls fall under other federal and state rules, and none of the federal rules cited in this article requires recording final expense calls.

This article is general education, not legal advice. It summarizes 42 CFR Parts 422 and 423 as published in the CFR 2025 edition (revised as of October 1, 2025) on govinfo.gov, the CY2027 final rule (FR Doc. 2026-06600, published April 6, 2026) and CMS summaries read in November 2026. We could not read the amended regulatory text, and plan contracts and state law can add requirements. Confirm your practices with counsel and your plans.

Sources

• 42 CFR 422.2274, Agent, broker, and other third-party requirements (CMS, CFR 2025 edition, govinfo.gov)
• 42 CFR 422.2267, Required materials and content (CMS, CFR 2025 edition, govinfo.gov)
• 42 CFR 422.2260, Definitions (CMS, CFR 2025 edition, govinfo.gov)
• 42 CFR 423.2274, Agent, broker, and other third-party requirements (CMS, CFR 2025 edition, govinfo.gov)
• 42 CFR 423.2267, Required materials and content (CMS, CFR 2025 edition, govinfo.gov)
• 42 CFR 422.752, Basis for imposing intermediate sanctions and civil money penalties (CMS, CFR 2025 edition, govinfo.gov)
• 42 CFR 422.504, Contract provisions (CMS, CFR 2025 edition, govinfo.gov)
• Contract Year 2027 and Certain Contract Year 2026 Policy and Technical Changes, FR Doc. 2026-06600 (CMS, Federal Register, April 6, 2026)
• Partner Tip Sheet: Changes to the Medicare Advantage Organization and Medicare Drug Plan Sponsors Marketing Guidelines (CMS, September 2026)
• CY 2027 Changes to the Medicare Advantage Organization and Medicare Drug Plan Sponsors Marketing Regulations (CMS, read November 2026)