Details
CMS defines Third-Party Marketing Organizations (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.”
This means you, as brokers/agents, must adhere to all CMS’ TPMO rules and guidelines.
Most Commonly Used TPMO Disclaimer
The majority of agents will use this TPMO disclaimer as they don’t represent every single plan in their area:
PY2027 Updated TPMO disclaimer:
"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 to get information on all of your options." |
If you need help determining the correct number of plans for the areas that you service, here are some resources provided by CMS:
Use our TPMO Plan-Count & Disclaimer Tool (updated for PY2027)
Contract Year Landscape Files - This page, while referencing Prescription Drug Coverage specifically, includes links to downloadable files with information on available MA, MAPD, PDP, Cost, and SNP plans for a given contract year (CY).
Medicare.gov Plan Comparison Tool - This is a beneficiary facing page that enables manual lookup by zip code.
CMS TPMO Rules and Guidelines
When is the TPMO Disclaimer Required?
Your Website
NOTE: If your agency serves multiple states or service areas, the following generic disclaimer language may be used in limited cases where the exact location of the beneficiary viewer has not been determined: "We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.”
All Marketing Materials
The TPMO disclaimer is required on all marketing materials including print and TV/Radio Ads
Email/Chat/other Online Means of Communications
CMS rules day the TPMO disclaimer must be “electronically conveyed when communicating with a beneficiary through email, online chat, or other electronic means of communication”. It’s best practice to make the disclaimer part of your email signature to ensure you are compliant.
Sales Call- Within the first minute
PY2027: The TPMO disclaimer is required to be verbally conveyed prior to discussion of any benefits.
PY2026: The TPMO disclaimer is required to be verbally conveyed within the first minute of a sales call.
Record calls with beneficiaries in their entirety
CMS requires all marketing, sales, and enrollment calls to be recorded in their entirety. This includes virtual calls/meetings with beneficiaries (Zoom, WebEx, etc.). Marketing calls include retention marketing aimed at influencing a beneficiary to stay enrolled in a current plan and calls that mention ANY benefits (e.g. dental, vision, hearing, premium reduction, cost savings, etc.) Click here to see Spark’s Call Recording Feature.