Yes, an inbound Medicare sales call needs a scope of appointment. Under 42 CFR 422.2264(c)(3)(i), you must agree on and record the products to be discussed before a personal marketing appointment, and CMS says that includes unscheduled inbound calls. The 48 hour wait is gone, so you can record the SOA and continue on the same call.
What is a scope of appointment?
A scope of appointment, or SOA, is a recorded agreement with a Medicare beneficiary about which types of products will be discussed, made before a personal marketing appointment begins. It comes from section 1851(j)(2)(A) of the Social Security Act, which requires advance agreement on the scope of any marketing appointment, and CMS puts it in regulation at 42 CFR 422.2264(c)(3) for Medicare Advantage and 423.2264(c)(3) for Part D. A personal marketing appointment is one tailored to an individual or a small group, such as a married couple, for the purpose of discussing marketing topics, and location does not define it, so a phone call counts. In its Contract Year 2027 rulemaking, CMS said the SOA must name at least the type of product to be discussed, such as Medicare Advantage, Medicare Advantage with drug coverage or a standalone drug plan. During the appointment, the agent may not market health products beyond that scope and may not market non-health products such as annuities.
The SOA is separate from the TPMO disclaimer. The SOA sets what you may talk about; the disclaimer tells the caller how many organizations and plans you represent. The TPMO disclaimer guide covers the second one.
Do you need an SOA on an inbound call?
Yes, once the call becomes a personal marketing appointment. In the Contract Year 2027 final rule, CMS removed the word “scheduled” from the SOA rule and spelled out the result: “an SOA will be required for plan/agent/broker-initiated outbound contact and for beneficiary-initiated inbound contact (including walk-ins, unscheduled calls and web-based chats, and web-based forms), as long as the contact is tailored to an individual or small group for purposes of discussing marketing topics” (91 FR 17459).
Two agent rules point the same way. 42 CFR 422.2274(b)(3) requires agents and brokers to secure and document an SOA prior to a personal marketing appointment, and 422.2274(c)(9)(ii) requires plans to confirm that agents complete SOA records for all personal marketing appointments, “including telephonic and walk-in.”
A caller who dials you is not an unsolicited contact under 42 CFR 422.2264(a)(3), but that rule is about who started the contact. It does not remove the SOA step. The trigger is the conversation: before you tailor plan information to the caller, the SOA should be on the record.
What happened to the 48 hour rule?
CMS eliminated the 48 hour wait, and both of its exceptions, in the Contract Year 2027 final rule published April 6, 2026. The timing standard has changed several times, which is why older training material disagrees with the current text.
| Rule | SOA timing standard |
|---|---|
| September 2011 final rule (76 FR 54634) | 48 hours before the marketing appointment, when practicable |
| January 2021 final rule (86 FR 5890) | 48 hour standard removed; SOA required before the appointment begins |
| April 2023 final rule (88 FR 22336) | At least 48 hours before, except SOAs completed in the last four days of a valid election period and unscheduled walk-ins the beneficiary starts |
| April 6, 2026 final rule (91 FR 17384) | 48 hour wait and both exceptions removed; SOA still required before the appointment, in writing if in person |
The current text of 42 CFR 422.2264(c)(3)(i) reads: “Prior to the personal marketing appointment, the MA plan (or agent or broker, as applicable) must agree upon and record the Scope of Appointment with the beneficiary(ies). The Scope of Appointment must be in writing for in-person personal marketing appointments.” The Part D rule at 423.2264(c)(3)(i) matches it. The rule took effect June 1, 2026, and CMS said its new marketing and communications policies apply to all contract year 2027 marketing and communications beginning October 1, 2026.
How do you record an SOA on a phone call?
Record it on the call itself, before plan talk starts. For appointments that are not in person, CMS said in the rulemaking that an audio or audio-visual recording or an electronic record would suffice as the SOA record; only in-person appointments need a written SOA.
- 01Open without plan talkGreet the caller, confirm who you are speaking with and that they called about Medicare coverage. The guide to opening an inbound call covers the first seconds.
- 02Ask what they want to discussName the product types in plain words, for example Medicare Advantage plans, plans with drug coverage or standalone drug plans, and let the caller choose.
- 03Capture the agreementRecord the caller's verbal agreement on the call recording or complete an electronic SOA record. CMS also encouraged noting the appointment date and the caller's contact details.
- 04Stay inside the scopeIf the caller asks about a product type that is not on the SOA, record a new SOA for it before you discuss it. There is no waiting period now.
- 05File it with the callKeep the SOA record where it can be matched to the call recording and the enrollment, so an audit can find all three.
CMS also said business reply cards, voicemails, online forms and other requests for information that name the type of product are, in effect, SOAs, and that it does not publish a model SOA form. Whether a particular form or IVR prompt qualifies is a question for your carrier or FMO; when in doubt, record the SOA again on the call.
How long does a scope of appointment last?
An SOA lasts 12 months, but only for the products it names. Under 42 CFR 422.2264(c)(3)(iii)(A), an SOA, business reply card or request for information is valid for 12 months from the beneficiary's signature date or the date of the initial request. Paragraph (B) requires a separate SOA for any additional health products not identified before the appointment.
- A new plan year needs a new SOA. CMS's example: an SOA to discuss contract year 2026 plans does not cover contract year 2027 plans.
- One SOA can cover several phone or in-person contacts about the same products within the 12 months.
- A request to stop contact ends it, even inside the 12 month window.
What SOA mistakes show up on inbound desks?
- Training agents on the old 48 hour rule, so they send ready callers away.
- Discussing plans before the SOA is on the recording.
- Moving from Medicare Advantage to a standalone drug plan, or another product type, without a new SOA.
- Reusing last year's SOA for next year's plans.
- Mentioning annuities or other non-health products during the appointment.
- Keeping SOA records where they cannot be matched to the call recording.
What should an inbound SOA checklist include?
- A script line that names product types and asks the caller to choose before any plan discussion.
- A recording or electronic record of the agreement on every sales call.
- A written SOA process for in-person appointments.
- A rule for adding product types mid-call with a new SOA.
- A check that the SOA covers the current plan year.
- Weekly spot checks of recordings for the SOA step.
Buying calls does not change any of this. Callmart buyers receive calls that consumers start, and they remain responsible for holding the right license for what they sell in each state and for their own TCPA, telemarketing and recording consent obligations. Recordings of inbound marketplace calls can be played and downloaded on the web and in the iPhone app, which makes SOA spot checks practical; see how call recording works and Medicare calls.
Common questions
01Can a scope of appointment be verbal?
For appointments that are not in person, yes. The regulation requires a written SOA only for in-person personal marketing appointments, and CMS said an audio or audio-visual recording or an electronic record would suffice for appointments by phone or video. Your carrier may set its own documentation standard, so check its process.
02Is the 48 hour SOA rule still in effect?
No, not under the current eCFR text. The Contract Year 2027 final rule removed the 48 hour wait and its two exceptions from 42 CFR 422.2264(c)(3)(i) and 423.2264(c)(3)(i), effective June 1, 2026, with the new marketing policies applying to contract year 2027 marketing from October 1, 2026. An SOA is still required before the appointment.
03Does a web form or business reply card count as an SOA?
CMS said business reply cards, voicemails, online forms and other requests for information that include the type of product to be discussed are, in effect, SOAs, valid for 12 months from the request. Whether a specific form meets that test is worth confirming with your carrier or FMO.
04Do I need a new SOA if the caller asks about a drug plan mid-call?
Yes, if drug plans were not on the original SOA. 42 CFR 422.2264(c)(3)(iii)(B) requires a separate SOA for additional health products. Since the 48 hour wait is gone, you can record the new SOA and continue the conversation. CMS gave a similar example in the final rule, a caller who moved from Part D questions to Medicare Advantage.