Sell Medicare Advantage by phone in a fixed order: record the whole call, confirm Parts A and B and an election period, read the TPMO disclaimer before discussing benefits, record a scope of appointment, cover CMS's required needs topics, compare plans that fit, then enroll with the plan's approved script and a recorded attestation.
What does a Medicare Advantage phone sale look like under CMS rules?
A Medicare Advantage phone sale built around CMS rules is one recorded conversation that moves from eligibility to disclosure to needs to enrollment, in that order. The rules come from 42 CFR Part 422, Subpart V, and from CMS enrollment guidance. Plans must require third-party marketing organizations, a group that includes independent agents and brokers, to record every marketing and sales call in full and keep it for 6 years. Before discussing any benefits, an agent who sells for more than one organization reads the standardized TPMO disclaimer. Before the personal marketing appointment, the agent and the caller agree on a scope of appointment, and the agent records it. Before enrolling anyone, the agent covers the needs topics CMS lists, including doctors, pharmacies, prescriptions, costs and premiums. The enrollment itself follows a plan script that CMS has approved, with the caller's recorded attestation of intent to enroll.
Two rules changed on June 1, 2026, when CMS's Contract Year 2027 final rule took effect. The 48-hour wait between a scope of appointment and the appointment is gone, so an inbound caller can agree to a scope and discuss plans on the same call. The TPMO disclaimer also moved from the first minute of the call to any point before benefits are discussed.
What is the call flow, step by step?
- 01Record from the startHave recording running before you say hello, and follow your state's rules for telling the caller. The call recording consent guide covers the state side.
- 02Introduce yourselfGive your name and say you are a licensed insurance agent. Never suggest you are calling from, or work for, Medicare.
- 03Qualify the callerConfirm Parts A and B, ZIP code and county, current coverage and an election period. Outside AEP, use the SEP guide.
- 04Read the TPMO disclaimerRead it word for word before discussing any benefits. TPMO disclaimer requirements has the exact wording.
- 05Record the scope of appointmentAgree on the plan types you will discuss and record it before the appointment begins. See the scope of appointment guide.
- 06Run the needs analysisCover every topic CMS lists, shown in the table below, and note the answers.
- 07Compare and recommendShow the plans that fit the caller's doctors, drugs and budget, and explain the tradeoffs in plain words.
- 08Enroll with the plan's scriptTell the caller they are completing an enrollment request, let them supply every element themselves, get their recorded agreement and verbal attestation of intent, and give them the confirmation number.
- 09Close the loopExplain what the plan will send next and how to reach you with questions.
What must the needs analysis cover?
Under 42 CFR 422.2274(c)(12), plans must ensure that CMS's required questions and topics about the beneficiary's needs are fully discussed before an enrollment. Turn each topic into a question you ask on every call.
| CMS topic | Ask the caller |
|---|---|
| Primary care providers and specialists | Which doctors do you see, and are they in this plan's network? |
| Pharmacies | Which pharmacy do you use, and is it in the network? |
| Prescription drug coverage and costs | What do you take, is each drug covered, and at what cost? |
| Costs of health care services | What would your usual visits and services cost on this plan? |
| Premiums | What monthly premium fits your budget? |
| Benefits | Which benefits matter most to you? |
| Specific health care needs | Any upcoming procedures, conditions or equipment we should plan around? |
What can't you do on a Medicare Advantage sales call?
- Market products outside the agreed scope. Another health-related line needs its own scope of appointment, under 42 CFR 422.2264(c)(3).
- Market non-health products, such as annuities, during the appointment.
- Charge a marketing consulting fee; plans must ensure beneficiaries are not charged one (42 CFR 422.2274(c)(8)).
- Place cold calls, texts or voicemails to people who did not ask to hear from you.
- Take a phone enrollment on an outbound call to someone with no existing relationship with the plan. CMS guidance limits those enrollments to incoming calls from the applicant.
Worked example: what one AEP desk keeps on file
Recording rules add up quickly. Say your desk records 30 sales calls a day for all 54 days of AEP, October 15 through December 7. That is 1,620 recordings in one season (30 times 54). A call recorded on November 2, 2026 must be kept until at least November 2, 2032, the end of the 6-year minimum, and in audio form until November 2, 2029, the end of the first 3 years. For years 4 through 6, the rule allows audio or a complete and accurate transcript.
Plan storage and retrieval before the season, not during it. File each recording with the scope of appointment, the election period and the confirmation number, so one search pulls the whole record when a carrier or auditor asks.
How do bought inbound calls fit this flow?
The flow is the same whether the caller found you or you bought the call; the source only changes what happened before hello. If you buy through Callmart, you choose a Medicare Advantage buffer ($25 for 20 seconds, $35 for 30 seconds, $55 for 90 seconds at retail as of November 2, 2026), and connected time starts when your line answers, including time a caller spends in your own IVR or voicemail. Answering live is part of the sale.
Callmart records inbound marketplace calls, and you can play and download recordings on the web and in the iPhone app, which helps with coaching after the call. Callmart keeps call records and recordings for the period needed for billing disputes and quality review, then deletes or de-identifies them, so do not treat the marketplace copy as your 6-year archive. Your licensing, recording and consent obligations stay with you. Seasonal desk setup is covered in how to run an AEP call desk.
What mistakes break a phone enrollment?
- Starting the recording after the greeting.
- Describing a plan's specific benefits before the TPMO disclaimer.
- Skipping needs topics because the caller seems sure of the plan they want.
- Filling in enrollment answers for the caller instead of letting them supply each element.
- Ending the call without giving the confirmation number.
Use the inbound call opening guide for the first words of the call and this order for everything after it.
Common questions
01What is a telephonic SOA?
It is a scope of appointment agreed and recorded on the phone instead of on paper. The regulation requires a written scope only for in-person appointments, and CMS's Contract Year 2027 rule explains that an audio recording or electronic record can serve as the record for an appointment that is not in person.
02Who records the call, the agent or the carrier?
Plans must require third-party marketing organizations, including independent agents and brokers, to record all marketing and sales calls in full and keep them for 6 years. Carriers may also record their own lines. Ask each carrier and your FMO which system they expect and how to hand over recordings.
03Do I need a carrier-approved script for phone enrollments?
Yes. CMS enrollment guidance says scripts for telephonic enrollment must be developed by the plan, contain the required enrollment elements and receive CMS approval. Use the script each carrier gives you rather than your own version.
04Do I still have to wait 48 hours after a scope of appointment?
No. CMS removed the 48-hour waiting period in its Contract Year 2027 final rule, effective June 1, 2026. A scope of appointment is still required before any personal marketing appointment, including an inbound call you did not schedule.