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What Insurance Agents Can and Cannot Say During Medicare Sales Appointments

October 14th, 2026

8 min read

By Lucas Vandenberg

What Insurance Agents Can and Cannot Say During Medicare Sales Appointments
17:27

Medicare sales appointments are not ordinary sales conversations. Agents can explain Medicare Advantage and Part D plan options, compare covered plans, answer beneficiary questions, and help with enrollment—but the conversation must remain accurate, non-misleading, within the beneficiary’s agreed Scope of Appointment, and consistent with current Centers for Medicare & Medicaid Services (CMS), carrier, and state requirements.

For the 2027 plan year, there is an important change agents should know before AEP: CMS removed the former 48-hour waiting period between completing a Scope of Appointment (SOA) and conducting a personal marketing appointment. An SOA is still required for qualifying personal marketing appointments, and CMS requires a written SOA for in-person marketing appointments.

You can review the current CMS guidance in the 2027 Agent and Broker Training and Testing Guidelines.

That makes same-day conversations easier—but it does not loosen the rules governing what an agent may say once the appointment begins.

Here is a practical guide to safer Medicare sales language for AEP 2027.

Compliance note: These examples are educational and are not legal advice or a substitute for an approved carrier script. Agents should follow current CMS requirements, carrier policies, state insurance laws, and their compliance department’s instructions.

What Changed for Medicare Sales Appointments in 2027?

CMS’s 2027 Agent and Broker Training and Testing Guidelines identify several important Scope of Appointment changes.

For 2027 marketing activity:

  • The 48-hour waiting period was removed.
  • CMS clarified what qualifies as a personal marketing appointment.
  • An SOA remains required for appointments meeting that definition.
  • An SOA must be in writing for an in-person marketing appointment.

For a deeper explanation, review PSM’s Medicare Scope of Appointment guide.

CMS also continues to require organizations and third-party marketing organizations operating on their behalf to record applicable marketing, sales, and enrollment calls in their entirety.

For agents, the practical takeaway is simple: faster does not mean informal. You may be able to move from an inquiry to a same-day appointment, but documentation, disclosures, accuracy, and scope still matter.

What Medicare Agents Can Say During a Sales Appointment

You Can Explain the Plans the Beneficiary Agreed to Discuss

Once the required Scope of Appointment is complete, an agent may discuss the Medicare product types covered by that scope.

Better:

“Your Scope of Appointment includes Medicare Advantage and Part D, so we can review those options today.”

This establishes what the meeting covers without implying that the client must enroll.

CMS expects agents to understand the rules concerning products agreed upon by the beneficiary and products outside the agreed scope.

You Can Explain Plan Benefits Accurately

Agents can discuss premiums, copays, formularies, provider networks, supplemental benefits, maximum out-of-pocket limits, and other relevant plan features when those statements accurately reflect the applicable plan, plan year, and service area.

Better:

“This plan includes a dental benefit. Let’s look at the plan documents together so you can see what services are covered, the applicable limits, and which providers participate.”

Riskier:

“This plan gives you all your dental work for free.”

The first statement directs the beneficiary to actual plan terms. The second can create an inaccurate expectation because dental coverage, networks, cost sharing, exclusions, and limits vary.

Agents should verify current plan details before making benefit claims.

You Can Make Plan Comparisons When They Are Accurate and Supportable

A compliant comparison focuses on identifiable facts relevant to the beneficiary.

Better:

“For the prescriptions you’ve listed, Plan A and Plan B treat these drugs differently. Let’s compare the formulary, pharmacy network, and estimated costs before deciding which option fits your situation.”

Avoid turning factual comparisons into unsupported superiority claims.

You Can Recommend a Plan Based on the Beneficiary’s Needs

An agent can make a recommendation after reviewing the beneficiary’s circumstances and available options.

Better:

“Based on the doctors, prescriptions, pharmacy, and priorities you’ve given me, this plan appears to fit those needs better than the other plans we’re reviewing. Let’s verify the details before you make a decision.”

This is stronger than simply declaring one plan “the best.”

For additional examples of compliant language, see PSM’s guide to compliant Medicare sales scripts for agents.

You Can Tell a Client That Enrollment Is Optional

A beneficiary should never be led to believe that speaking with an agent creates an obligation to enroll.

Better:

“Reviewing these options doesn’t obligate you to make a change today.”

That keeps the decision where it belongs: with the beneficiary.

What Medicare Agents Should Not Say During a Sales Appointment

Do Not Imply That You Work for Medicare or the Federal Government

One of the clearest compliance lines involves government affiliation.

Do not say:

“I’m calling from Medicare.”

“Medicare sent me to help you choose a plan.”

“I’m a Medicare representative.”

An independent insurance agent should not use language that causes a beneficiary to believe the agent is employed by, endorsed by, or acting on behalf of Medicare or the federal government.

Better:

“I’m an independent licensed insurance agent who works with Medicare health plan options.”

Agents should also avoid logos, imagery, or presentation techniques that could make a private communication appear to come directly from the federal government.

CMS maintains current Medicare marketing guidance on its Medicare Communications and Marketing Guidelines page.

Do Not Promise That a Specific Plan Is Universally “Best”

A plan can be appropriate for one client and a poor fit for another.

Avoid:

“This is the best Medicare Advantage plan in the county.”

“Everybody around here is switching to this plan.”

“You can’t go wrong with this one.”

Those statements may be difficult to substantiate and can obscure important differences in networks, prescriptions, costs, benefits, and eligibility.

Better:

“This plan looks competitive for the needs you’ve described, but let’s check your doctors, prescriptions, costs, and benefits before you decide.”

A recommendation should be connected to the beneficiary’s actual needs rather than presented as a universal ranking.

Do Not Guarantee Benefits or Savings

Benefits may depend on the specific plan, service area, eligibility requirements, covered items, network rules, or other conditions.

Avoid:

“You’ll definitely get $200 every month.”

“This plan will eliminate your medical bills.”

“You’ll save $1,500 next year.”

Better:

“This plan lists an allowance up to the stated amount for eligible covered uses. Let’s review the benefit rules and your eligibility.”

When discussing supplemental benefits, agents should verify exactly what is offered, how the benefit works, and what limitations apply.

Do Not Say a Doctor Is “Definitely In Network” Without Verification

Provider participation can change.

Risky:

“Dr. Smith takes this plan. You’re good.”

Better:

“The current directory shows Dr. Smith as participating, but provider networks can change. Let’s verify the provider and location before enrollment.”

The same approach should be used for hospitals, specialists, pharmacies, and other providers.

Do Not Say a Prescription Is Covered Without Checking the Current Formulary

Drug coverage may involve tiers, prior authorization, step therapy, quantity limits, pharmacy-network differences, and other plan-specific requirements.

Risky:

“Your Eliquis is covered, so you’re set.”

Better:

“The current formulary lists this medication. Let’s also check its tier, pharmacy, cost sharing, and any utilization requirements.”

CMS expects agents to understand formularies, tiers, pharmacy networks, prior authorization, quantity limits, and step therapy when discussing Part D coverage.

Do Not Present an Estimate as a Guarantee

Quoting and enrollment tools can provide useful estimates, but an estimate should remain an estimate.

Risky:

“Your total drug cost next year will be $412.”

Better:

“Based on the prescriptions and pharmacy information we entered, the tool currently estimates approximately $412. Actual costs can vary depending on utilization, pharmacy choice, formulary changes, and other factors.”

Precision in wording matters.

Do Not Go Outside the Scope of Appointment Without Addressing Scope Requirements

Suppose a beneficiary agreed to discuss Medicare Advantage and Part D but asks midway through the meeting:

“What about a Medicare Supplement?”

Do not simply turn the appointment into an unrestricted insurance conversation.

A safer response is:

“We can discuss that, but Medicare Supplement wasn’t included in the scope we documented. Let’s complete the appropriate Scope of Appointment documentation before we move into that product discussion.”

Agents should follow the current CMS, carrier, and organizational process before expanding the conversation.

PSM’s Medicare Scope of Appointment guide provides additional guidance on the 2027 process.

Do Not Cross-Sell Life Insurance or Annuities During a Medicare Advantage or Part D Sales Presentation

CMS continues to restrict the marketing of non-health-care products during Medicare Advantage and Part D sales activity.

For example, during a Medicare sales presentation, avoid statements such as:

“Before we finish your Medicare Advantage enrollment, let me also show you an annuity that would be perfect for your retirement savings.”

Keep Medicare marketing activity separate from non-health insurance sales activity and follow applicable rules governing any later conversation.

Do Not Manufacture Urgency

AEP has real deadlines. Agents may explain them.

For 2027 coverage, the Annual Enrollment Period runs from October 15 through December 7, 2026.

Appropriate:

“AEP ends December 7. If you want to make an eligible plan change for January 1 through AEP, the enrollment needs to be completed by the deadline.”

Avoid:

“You have to enroll with me today or you’ll lose your Medicare.”

“This plan could disappear tomorrow, so sign now.”

A legitimate enrollment deadline should never become artificial sales pressure.

Do Not Misrepresent Enrollment Eligibility

Before submitting an enrollment, confirm that the beneficiary has a valid election period.

Avoid:

“We can change your Medicare Advantage plan anytime you want.”

Better:

“Let’s first confirm which election period applies to you and whether you’re eligible to make this change now.”

CMS provides current guidance on Medicare enrollment periods and eligibility through its Part D enrollment and eligibility resources.

Do Not Let One Supplemental Benefit Drive the Entire Recommendation

A supplemental benefit should not overshadow the rest of the plan.

Weak sales language:

“This plan gives you a great flex card, so it’s obviously the better choice.”

Better:

“The supplemental benefit may be valuable, but let’s also check your physicians, prescriptions, hospitals, premium, cost sharing, prior authorization requirements, and maximum out-of-pocket exposure.”

The beneficiary should understand the plan as a whole—not just the most marketable benefit.

Do Not Treat a Lower Star Rating as Proof That a Plan Is “Bad”

Star Ratings are one source of information about plan quality and performance. They should not be treated as a universal recommendation to enroll or disenroll.

Better:

“CMS Star Ratings can help compare aspects of plan quality and performance. We should consider that information along with your doctors, prescriptions, costs, benefits, and other priorities.”

What Should an Agent Say When a Client Asks, “What Would You Choose?”

This is where an agent can add real value without overstepping.

A useful response might be:

“I wouldn’t choose based on one benefit alone. For you, I’d compare whether your doctors participate, how your prescriptions are covered, your expected costs, the plan’s maximum out-of-pocket limit, and the benefits you expect to use. Based on what you’ve told me so far, Plan A appears to line up more closely with those priorities. Let’s verify each item before you make the final decision.”

That answer makes a recommendation while showing the reasoning behind it.

It also turns the appointment from a pitch into a needs-based comparison.

A Simple Compliance Test Before You Say It

Before making a statement about a Medicare plan, ask yourself five questions:

Question Why It Matters
Is it true? Claims should be accurate and current.
Can I prove it? Comparisons and superiority claims should be supportable.
Does it apply to this beneficiary? Benefits and eligibility are not universal.
Is it within today’s Scope of Appointment? The beneficiary controls the authorized product discussion.
Would the statement still sound accurate if compliance reviewed the recording? Applicable Medicare marketing, sales, and enrollment calls may be subject to recording requirements.

If one answer is “no” or “I’m not sure,” verify before continuing.

2027 AEP Medicare Sales Appointment Checklist

Before a personal Medicare marketing appointment:

  1. Confirm any required permission-to-contact or lead-source documentation.
  2. Complete the appropriate Scope of Appointment before beginning the personal marketing discussion.
  3. For an in-person marketing appointment, use a written SOA under the 2027 rules.
  4. Do not rely on the old 48-hour SOA rule; that waiting period was removed for 2027 marketing activity.
  5. Follow current TPMO disclaimer requirements and your approved script.
  6. Record applicable telephone marketing, sales, and enrollment calls as required.
  7. Confirm the applicable election period before enrollment.
  8. Verify plan-year benefits, provider networks, prescription coverage, eligibility, service area, and costs.
  9. Review required pre-enrollment information before completing an enrollment.
  10. Follow carrier-specific requirements that may go beyond the federal minimum.

For telephone sales activity, agents may also want to review PSM’s 2027 Medicare telesales script for field agents.

For disclaimer guidance, see PSM’s TPMO disclaimer requirements for insurance agents.

Agents can also review PSM’s guide to Medicare call recording requirements.

One Outdated Rule Agents Should Remove From Their 2027 AEP Scripts

If your scripts, CRM workflows, training materials, or old blog posts still say:

“You must collect the SOA at least 48 hours before every Medicare sales appointment.”

update them.

For 2027 marketing activity, CMS removed that mandatory waiting period.

That does not mean an agent can skip the Scope of Appointment. It means the timing requirement changed while the documentation obligation remains.

Agents should review their sales scripts, automated workflows, appointment reminders, CRM tasks, and team training materials before AEP to make sure they no longer reflect outdated 48-hour language.

For a broader summary of current changes, review PSM’s guide to the 2027 Medicare Advantage and Part D Final Rule.

The Safest Medicare Sales Language Is Usually the Most Specific

Strong Medicare agents do not need exaggerated promises.

Specific language is more useful:

  • “Here is what the plan document says.”
  • “Let’s verify your doctor.”
  • “Let’s check your prescriptions.”
  • “This benefit is available subject to these plan rules.”
  • “Based on the information you’ve given me…”
  • “Here are the trade-offs between these two options.”
  • “You are not obligated to enroll.”
  • “Let’s confirm that before I give you an answer.”

During AEP, those habits can protect the beneficiary, strengthen the agent-client relationship, and make compliance easier to document.

PSM Brokerage supports independent insurance agents with Medicare training, contracting support, compliance guidance, enrollment technology, marketing resources, lead-generation tools, CRM and automation support, and back-office assistance.

Independent does not have to mean alone.

Explore more Medicare agent resources from PSM Brokerage or speak with the PSM team about preparing your business for AEP.

Sources

Lucas Vandenberg

As CEO & Partner of PSM Brokerage, Lucas helps guide the company’s strategy for supporting independent insurance professionals with training, marketing, technology, carrier access, and business development resources.

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