Plain version: the CDI outline lists CMS compliance rules agents must follow before helping consumers choose and enroll in plans. The specific rules it names are the Medicare Advantage and Part D marketing rules in 42 CFR Part 422 (and Part 423) Subpart V. They control how an agent may reach a beneficiary, what must be said, and how CMS checks.
TPMO disclaimer and call recording:
A third-party marketing organization (TPMO), which includes an independent agent, must use the disclaimer when selling for more than one Medicare Advantage organization. On sales calls it must be said verbally before any benefits are discussed. It tells the beneficiary how many organizations and plans the agent represents and that Medicare.gov or 1-800-MEDICARE has information on all options. An agent who does not sell for every organization in the area must also say so.
All marketing and sales calls, including the audio of web-based calls, must be recorded in full and kept for at least 6 years: audio for the first 3 years, then audio or complete and accurate transcripts for years 4 through 6.
Permission to contact: unsolicited contact is prohibited. Cold calls are banned, including calls based on referrals, calls to confirm receipt of mailed information, and calls to sales event attendees who did not give express permission. A call is not unsolicited when the beneficiary consents or initiates contact, for example by sending in a business reply card that asks to be contacted.
Scope of Appointment (SOA): before a personal marketing appointment, the agent must agree on and record the SOA with the beneficiary, in writing for in-person appointments. It is required even when the beneficiary makes the first call, and it is valid for 12 months. CMS eliminated the old 48-hour waiting period in its 2026 final rule, so a same-day meeting is allowed once the SOA is done; older study materials may still teach 48 hours.
Marketing rules and events:
Gifts must be of nominal value, offered to similarly situated beneficiaries regardless of enrollment, and never cash or a monetary rebate. Meals for potential enrollees are prohibited regardless of value.
Marketing non-health products such as annuities during a sales presentation is prohibited cross-selling.
Educational events must inform generally about Medicare: no sales or marketing presentations and no distributing or accepting plan applications. Business cards, answers to beneficiary-initiated questions and business reply cards are allowed, and the 2026 final rule added SOA forms to that list.
Websites and secret shoppers:
A Medicare Advantage organization's website may require only a ZIP code, county or state to view content that is not beneficiary-specific. It must be updated within 30 days of a material change and keep Medicare Advantage content separate from other lines of business. A TPMO's website must display the TPMO disclaimer prominently.
Secret shopping is CMS's undercover surveillance of Medicare Advantage, MA-PD and PDP marketing events. Shoppers record whether the agent's presentation, actions and materials meet CMS requirements, and deficiencies can lead to notices of non-compliance, warning letters or corrective action plans against the plan sponsor.