A Medicare sales call has a short list of moments that matter, and they are the same on every call. We build the scorecard from your script and add the items below, each one tied to the rule behind it. We agree the final list with you before we score a single call. For the rules on keeping the recordings themselves, read our guide to Medicare call recording requirements.
The call is recorded in full
We confirm the recording runs from the first word to the last, with no gap before the sales conversation starts. A clipped recording is a finding, because the rule covers the whole call, including the audio of a web-based call.
42 CFR 422.2274(g)(2)(ii) "All marketing and sales calls, including the audio portion of calls conducted via web-based technology, must be recorded and retained in their entirety for a minimum period of 6 years."
Recording notice, as your script words it
We check that the agent gives the recording notice where your script places it and in the words your script uses. The wording of the notice is yours; we score whether it was said.
Your script The rules require the call to be recorded; the notice wording is set by your script and the laws your agency follows.
TPMO disclaimer, before any benefits
For an agency or call center that sells for more than one Medicare Advantage organization, we check that the disclaimer is spoken in full, with your real organization and product counts, and that it comes before the agent discusses any benefit. Under the CY2027 rule the old first-minute timing is gone; the test is now whether benefits came first.
42 CFR 422.2267(e)(41)(ii) "Verbally conveyed during sales calls prior to the discussion of any benefits."
Disclaimer wording, word for word
We compare what the agent said with the standard wording that fits your agency: one version if you do not sell for every MA organization in the area, another if you do. Missing the Medicare.gov and 1-800-MEDICARE line, or reading the old version that sent callers to SHIP, is a finding.
42 CFR 422.2267(e)(41) "If a TPMO does not sell for all MA organizations in the service area the disclaimer consists of the statement: 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."
Scope of Appointment agreed and recorded
Before a personal marketing appointment, including one held by phone, we check that the agent confirms the products the caller agreed to discuss and stays inside them.
42 CFR 422.2264(c)(3) "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)."
No misleading plan claims
We flag statements about premiums, benefits, networks or extras that overstate the plan or leave the caller with the wrong picture, with the exact line and the time in the call.
42 CFR 422.2262 (introductory text) "MA organizations may not mislead, confuse, or provide materially inaccurate information to current or potential enrollees."
No suggestion of government endorsement
We flag any line that makes the agency, the agent or a plan sound recommended by Medicare or the government, such as calling from "the Medicare office" or a plan "Medicare recommends".
42 CFR 422.2262(a)(1)(ix) "Claim they are recommended or endorsed by CMS, Medicare, the Secretary, or HHS."
Written consent before data is shared
Where a call passes the caller's details to another TPMO, we flag any handoff made without the caller's prior express written consent on file. That consent must come through a clear and conspicuous disclosure that names each TPMO receiving the data. A verbal yes on the call alone is not written consent.
42 CFR 422.2274(g)(4) "...personal beneficiary data collected by a TPMO for marketing or enrolling them into an MA plan may only be shared with another TPMO when prior express written consent is given by the beneficiary. Prior express written consent ... must be obtained through a clear and conspicuous disclosure that lists each entity receiving the data and allows the beneficiary to consent or reject to the sharing of their data with each individual TPMO."
What changed for CY2027: the final rule published April 6, 2026 moved the disclaimer timing to "prior to the discussion of any benefits" and cut marketing and sales recording retention from 10 years to 6, with audio for the first 3 years and audio or a complete and accurate transcript for years 4 to 6. CMS says the new marketing policies apply to CY2027 marketing from October 1, 2026.