CMS Rules, Marketing Examples, and Medicare Compliance Guidance

If you are an independent insurance agent selling Medicare Advantage or Part D plans, the TPMO disclaimer is not optional.

Under CMS Medicare Communications and Marketing Guidelines (MCMG), most independent agents, agencies, and FMOs are classified as TPMOs (Third-Party Marketing Organizations). That classification carries specific disclaimer requirements that apply to websites, ads, sales calls, seminars, email marketing, and enrollment conversations.

This guide explains:

• What a TPMO is under CMS rules
• When the TPMO disclaimer is required
• The exact CMS-approved disclaimer language
• How it applies to insurance agents’ marketing activities
• Real-world compliance examples
• Common mistakes agents make

All guidance below is based exclusively on CMS sources.

What Is a TPMO Under CMS?

CMS defines a Third-Party Marketing Organization (TPMO) as:

“Organizations and individuals, including independent agents and brokers, that are compensated to perform lead generation, marketing, sales, and enrollment related functions as a part of the chain of enrollment.”
— CMS Medicare Communications and Marketing Guidelines (MCMG), Section 40.1

This definition includes:

• Independent Medicare insurance agents
• Insurance agencies
• FMOs and MGAs
• Call centers
• Lead vendors
• Marketing firms involved in Medicare promotion

If you are not a direct employee of a Medicare carrier and you market Medicare plans, you are very likely considered a TPMO under CMS rules.

Source: CMS Medicare Communications and Marketing Guidelines (MCMG), Section 40 – TPMO Oversight.

When Is the TPMO Disclaimer Required?

One of the most common questions agents ask:

“When is the TPMO disclaimer required?”

According to CMS, the TPMO disclaimer is required when:

1. The organization or agent markets Medicare Advantage or Part D plans, and
2. The TPMO does not represent every available plan in a beneficiary’s service area.

Source: CMS MCMG, Section 50.1 – Disclaimer Requirements.

Most independent agents do not represent every Medicare plan in their market. Therefore, in most cases, the TPMO disclaimer applies.

The Official CMS TPMO Disclaimer Language

CMS requires the following disclaimer when plan counts are known:

“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 (SHIP) to get information on all of your options.”

CMS also permits a simplified version in certain situations:

“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.”

Source: CMS MCMG, Section 50.1.

Agents must ensure they are using the most current CMS-approved language reflected in the latest Medicare Communications and Marketing Guidelines.

Marketing vs. Communications: Why It Matters for Insurance Agents

CMS distinguishes between:

• Communications: General informational materials that do not steer enrollment
• Marketing: Materials that promote specific Medicare plans or influence enrollment decisions

Source: CMS MCMG, Section 30 – Definitions.

If your content qualifies as marketing, the TPMO disclaimer requirement applies.

For SEO clarity:

If you are promoting Medicare Advantage plans, Part D plans, or encouraging enrollment discussions, CMS considers that marketing.

How the TPMO Disclaimer Applies to Common Insurance Agent Marketing Activities

Below are practical compliance scenarios for Medicare insurance agents.

1. Medicare Agent Websites

If your website:

• Mentions Medicare Advantage plans
• Offers plan comparisons
• Promotes enrollment assistance
• Includes a “Schedule a Medicare Consultation” form

Then it qualifies as marketing.

The TPMO disclaimer must appear clearly on the website.

Source: CMS MCMG, Sections 40.1 and 50.1.

2. Facebook and Digital Ads

Example ad:

“Turning 65? Let’s review your Medicare Advantage options.”

This is marketing because it encourages enrollment-related discussion.

If the ad or landing page promotes Medicare plans:

• The TPMO disclaimer must be included.
• It must be clear and not minimized.

Source: CMS MCMG, Section 50.1.

3. Sales Calls and Call Scripts

CMS requires the TPMO disclaimer to be:

• Verbally stated during sales calls
• Included in call center scripts
• Delivered before discussing plan options

This applies to independent agents and call centers alike.

Source: CMS MCMG, Section 50.1; TPMO Oversight Guidance.

4. Educational Seminars vs. Sales Events

If your seminar is purely educational and does not promote specific plans, it may qualify as a communication.

If you:

• Discuss specific Medicare Advantage plans
• Promote enrollment
• Provide plan comparisons

It becomes marketing.

When marketing occurs, the TPMO disclaimer must be included in presentation materials and handouts.

Source: CMS MCMG, Section 30 and Section 50.1.

5. Email Marketing for Medicare Plans

Educational email:
“Understanding Medicare Enrollment Periods.”

Likely communication.

Marketing email:
“Enroll in a $0 premium Medicare Advantage plan today.”

Marketing.

If it is marketing, the TPMO disclaimer must be included.

Source: CMS MCMG, Sections 30 and 50.1.

FMO and Agency Responsibilities Under CMS TPMO Rules

If you are an FMO or agency:

• You are also classified as a TPMO.
• You must ensure marketing materials include the required disclaimer.
• You have oversight responsibility for downstream entities.

CMS explicitly places monitoring responsibility on TPMOs.

Source: CMS MCMG, Section 40 – TPMO Oversight.

Common TPMO Disclaimer Compliance Mistakes

Insurance agents frequently make these errors:

• Using outdated disclaimer language
• Making the disclaimer unreadably small
• Hiding it behind a hyperlink
• Forgetting to verbally state it on calls
• Omitting it from digital marketing funnels

CMS requires the disclaimer to be clear and conspicuous.

Source: CMS MCMG, Section 50.1.

Key Takeaways for Insurance Agents

If you sell Medicare Advantage or Part D plans and do not represent every plan in your service area:

• You are a TPMO under CMS rules.
• The TPMO disclaimer is mandatory in marketing materials.
• It applies to websites, ads, emails, sales calls, and enrollment discussions.
• It must be clearly visible and verbally stated when required.

The safest compliance strategy is to assume most Medicare plan promotion qualifies as marketing and include the TPMO disclaimer accordingly.