The 2027 Medicare Open Enrollment Season Is the First Under Relaxed Agent Marketing and Disclosure Rules

The Medicare Advantage Annual Enrollment Period opening October 15, 2026, will be the first season governed by a revised set of marketing and disclosure rules for agents and brokers selling Medicare Advantage and Part D plans. The changes, finalized in the Contract Year 2027 rule issued by CMS in April 2026, drew concern from consumer advocates who say some provisions reduce protections for beneficiaries during plan selection.

Under the rules in effect through 2026, agents were required to retain recordings or transcripts of calls and meetings with prospective enrollees for 10 years. The new rule reduces that period to three years. A shorter retention window may limit a beneficiary's practical ability to contest what they were told during an enrollment conversation if a dispute arises later.

Agents are also no longer required to inform beneficiaries about State Health Insurance Assistance Programs, known as SHIPs, which provide free, unbiased counseling on Medicare options. The previous rule required agents to mention SHIP availability; the 2027 rule removes that obligation.

Other changes relax restrictions on superlative or absolute language in marketing materials and blur the distinction between educational presentations and marketing events, which had been more firmly separated in prior years.

One item was tightened: agents representing only certain carriers must still disclose that limitation to beneficiaries before discussing specific plan benefits, though they may now deliver that disclosure at any point in the conversation rather than within the first 60 seconds.

Beneficiaries who want independent, no-cost plan comparisons can contact a local SHIP counselor through the medicare.gov website or call 1-800-MEDICARE regardless of the rule changes.