The TPMO disclaimer is standardized wording, set by 42 CFR 422.2267(e)(41), that tells a Medicare caller how many organizations and plans you represent and points them to Medicare.gov or 1-800-MEDICARE. A TPMO selling for more than one Medicare Advantage organization must read it on sales calls before any benefits are discussed.
What is the TPMO disclaimer?
The TPMO disclaimer is standardized content that Medicare Advantage organizations and Part D sponsors must make sure their third-party marketing organizations use, under 42 CFR 422.2267(e)(41) and 423.2267(e)(41). A third-party marketing organization, or TPMO, is defined in 42 CFR 422.2260 as an organization or individual, including independent agents and brokers, paid to perform lead generation, marketing, sales or enrollment functions in the chain of enrollment. The disclaimer applies to any TPMO that sells plans on behalf of more than one Medicare Advantage organization or Part D sponsor. It tells the beneficiary how many organizations you represent and how many plans they offer in the area, then directs them to Medicare.gov or 1-800-MEDICARE for all of their options. Because it is standardized, 42 CFR 422.2267(b) requires it to be used as CMS provides it, with changes limited to things like filling in the variable fields. On a sales call, it must be read aloud before any benefits are discussed.
What is the exact wording of the TPMO disclaimer?
There are two versions, and which one you read depends on whether you sell for every Medicare Advantage organization in the caller's service area. The text below is quoted from 42 CFR 422.2267(e)(41) as it reads in the eCFR on November 2, 2026; the Part D version in 423.2267(e)(41) uses the same statements for Part D sponsors.
- If you do not sell for every MA organization in the service area
- “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 or 1-800-MEDICARE to get information on all of your options.”
- If you sell for every MA organization in the service area
- “Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. You can always contact Medicare.gov or 1-800-MEDICARE for help with plan choices.”
The bracketed parts are variable fields. Fill them with the counts for the caller's own service area, which means you need the caller's location before you read it. Older scripts that tell callers to contact “your local State Health Insurance Program” use the previous wording: the Contract Year 2027 final rule removed that reference, and the eCFR text changed on June 1, 2026.
When must the TPMO disclaimer be read on a call?
The current regulation says before any benefits are discussed. 42 CFR 422.2267(e)(41)(ii) requires the disclaimer to be “verbally conveyed during sales calls prior to the discussion of any benefits.” Before June 1, 2026, the same paragraph said “verbally conveyed within the first minute of a sales call,” and CMS said the new marketing policies apply to all contract year 2027 marketing beginning October 1, 2026.
| Version of 422.2267(e)(41)(ii) | Timing text |
|---|---|
| eCFR text before June 1, 2026 | “Verbally conveyed within the first minute of a sales call.” |
| eCFR text from June 1, 2026 | “Verbally conveyed during sales calls prior to the discussion of any benefits.” |
Sources can conflict on this. Carrier scripts and FMO training written before the change may still say “first minute”; the regulation now says before benefits. Reading the disclaimer in the first minute still puts it ahead of any benefits, so an early read fits both texts. Reading it after benefits come up fits neither.
CMS explained in the final rule what counts. It does not consider “the mere mention of a benefit, for example pointing out that nearly all MA organizations offer routine dental care,” to be a discussion of benefits, while discussing a benefit's specifics to draw a caller toward a plan, such as Evidence of Coverage details or how cost sharing would work for the caller, could be. CMS also wrote: “If there is no discussion of benefits, CMS would not expect TPMOs to provide the disclaimer to beneficiaries” (91 FR 17448 to 17449).
Calls are not the only channel. Under (e)(41)(iii) to (v), the disclaimer must also be conveyed in email, online chat and other electronic messages, displayed prominently on TPMO websites, and included in TPMO marketing materials, including print and television ads.
How do transfers and lead generation change the script?
Transferred calls add separate disclosures on top of the disclaimer. Under 42 CFR 422.2274(g)(3), a TPMO doing lead generation must, when applicable, tell the beneficiary by phone that their information will be provided to a licensed agent for future contact, and tell them they are being transferred to a licensed agent who can enroll them in a new plan.
The regulation does not say whether a disclaimer read by an upstream party carries over to the agent who takes the transfer. The cautious approach is for the licensed agent who will discuss benefits to read it on their own leg of the call, before benefits. Ask your FMO or carrier which standard they audit against. The warm transfer explainer and inbound calls vs live transfers describe how these call types differ.
Recording backs all of this up. Under 42 CFR 422.2274(g)(2), plan contracts with TPMOs must ensure all marketing and sales calls are recorded in their entirety and kept at least 6 years, and that the TPMO uses the disclaimer required by 422.2267(e)(41). State recording consent rules also apply; see call recording consent.
How do you build the disclaimer into an inbound call script?
- 01Open the callGreet the caller and confirm what they called about, without discussing plans.
- 02Get the locationConfirm the caller's ZIP code or county so you know the service area.
- 03Look up your countsFind how many organizations you represent there and how many plans they offer, and whether you sell for every MA organization in that area.
- 04Record the scope of appointmentAgree on the product types to discuss, as the scope of appointment guide explains.
- 05Read the right version word for wordRead the matching disclaimer with the counts filled in, before any benefit discussion.
- 06Then discuss plansMove into needs and plan options, staying inside the scope the caller agreed to.
Keep the counts current. They change by area and by contract year, so one number typed into a script will be wrong for some callers. If you buy calls on Callmart, the disclaimer is still yours to read: buyers are responsible for holding the right license and for their own consent obligations, and recordings sit in the workspace and the iPhone app for a weekly listen.
What TPMO disclaimer mistakes should you avoid?
- Reading it after the agent has already compared benefits.
- Reading the version for agents who sell every plan when you do not.
- Using one fixed count for every caller instead of the caller's service area.
- Keeping the old wording that sends callers to the State Health Insurance Program.
- Paraphrasing a standardized statement.
- Assuming a transfer source already read it for you.
What should a TPMO disclaimer checklist cover?
- Both versions in the script, with a rule for choosing between them.
- A lookup for organization and plan counts by ZIP code or county.
- A fixed place in the call flow before any benefit discussion.
- The same disclaimer in emails, chats, your website and your ads.
- Transfer and lead generation disclosures where they apply.
- Full call recording and a retention plan.
- A yearly review when CMS publishes its next marketing rule.
For the rest of a Medicare phone sale, see how to sell Medicare Advantage over the phone.
Common questions
01Are independent agents TPMOs?
Often, yes. 42 CFR 422.2260 defines a TPMO as an organization or individual, including independent agents and brokers, paid to perform lead generation, marketing, sales or enrollment functions in the chain of enrollment. The disclaimer itself applies to a TPMO that sells plans on behalf of more than one Medicare Advantage organization.
02Does the TPMO disclaimer apply to inbound calls?
The regulation says “sales calls” and does not limit that to outbound calls. On an inbound call that turns into a sales conversation, read the disclaimer before any benefits are discussed. If the call ends without any discussion of benefits, CMS said in the final rule it would not expect the disclaimer.
03Do I still have to mention the State Health Insurance Program?
Not under the current text. The Contract Year 2027 final rule removed the State Health Insurance Program reference, so both versions now point callers only to Medicare.gov or 1-800-MEDICARE. The eCFR text changed on June 1, 2026. Check that your carrier's script matches the current wording.
04Does an agent who sells for only one organization need to read it?
As written, 422.2267(e)(41)(i) and 423.2267(e)(41)(i) apply the disclaimer to TPMOs that sell plans on behalf of more than one Medicare Advantage organization or more than one Part D sponsor. An agent selling for a single organization falls outside that paragraph, but the carrier may still set its own script requirements, so check before you drop it.