Starting in 2027, Medicare Advantage Brokers Are No Longer Required to Mention Free SHIP Counseling on Sales Calls

Effective in 2027, Medicare agents and brokers are no longer required to offer callers information about State Health Insurance Assistance Programs, the free federally funded counseling services that help people understand and compare Medicare options. The change is one of several marketing conduct rollbacks in the final rule for contract year 2027, which CMS issued in April 2026. The rule also lifted a ban on the use of superlatives in marketing materials, such as calling a plan the best or most affordable without documentation to support the claim. CMS had introduced that prohibition in 2023, saying unsubstantiated superlatives could mislead enrollees. The 2027 rule states that existing accuracy requirements already address misleading claims and that the superlative ban created undue burden. Other changes include cutting how long recordings of sales and marketing calls must be kept from 10 years to 6 years. For the first 3 years the audio must be kept; for years 4 to 6, a complete and accurate transcript is enough. The part of a call where you enroll in a plan is still kept for 10 years, because that recording serves as your enrollment form. The rule also loosens the timing rule for when an agent must deliver a disclaimer about which plans they represent. Previously, agents had to give that disclaimer within the first 60 seconds of a sales call or meeting. The final rule also rescinds a requirement that plans send mid-year notices to enrollees about supplemental benefits they have not used. The Medicare Rights Center noted in April 2026 that the cumulative effect of these changes relaxes protections that had been designed to ensure Medicare enrollees receive neutral information and are not steered toward plans the agent represents. SHIP programs, operated in every state, provide unbiased assistance to Medicare beneficiaries at no cost and had previously been a required referral point during sales interactions. The rule also drops the 12-hour gap that was required between an educational event and a sales event at the same place, which blurs the line between the two.