Compliance is the part of Medicare that nobody gets into the business for, and it is the part that can take you out of it. The right upline will not do your compliance for you, but it should make doing it right a lot easier.
I'm Justin Brock. Brock has helped agents serve 250,000+ Medicare beneficiaries, and every one of those enrollments had to be done by the rules. For the rules themselves, read Medicare Agent Compliance Rules: Scope of Appointment, the TPMO Disclaimer and Call Recordings on justinbrock.com. Here is what your FMO should contribute.
The three rules your process has to cover
- Scope of Appointment. Required before a personal marketing appointment under 42 CFR 422.2264. The CMS CY 2027 final rule removed the old 48-hour waiting period, but the SOA itself is still required.
- The TPMO disclaimer. Required under 42 CFR 422.2267 if you do not offer every MA organization in the area.
- Call recordings. Marketing, sales and enrollment calls must be recorded and kept for at least 6 years under 42 CFR 422.2274.
What good compliance support looks like
Built into your tools
The best compliance help is invisible. SOA capture in your booking flow, disclaimer scripts at the top of your call guide, and recording that starts automatically. Ask your upline which of these their tools handle.
Plain-English updates every year
CMS changes the rules regularly. Your FMO should tell you what changed, what it means for your process, and what you need to update before AEP.
Someone to ask
When you are not sure whether an ad, a mailer or a conversation crosses a line, you need a person who will give you a straight answer quickly.
Help when a carrier asks questions
If a carrier requests a recording or questions an enrollment, your upline should help you respond correctly.
Questions to ask an FMO about compliance
- How do your tools handle SOA, disclaimers and recordings?
- How do you tell agents about rule changes?
- Who answers compliance questions, and how fast?
- Do you review marketing materials before I use them?
- What happens if a carrier audits one of my enrollments?
How Brock helps
We cover compliance in our weekly live webinars and at Medicare Agent Bootcamp, keep current resources on Agent Resources and the Certification Hub, and provide tools that help you build the right steps into every appointment.
Want to see how Brock keeps agents compliant without slowing them down? Book a call with the Brock team.
Frequently asked questions
Is my FMO responsible for my compliance?
No. You are responsible for following CMS and carrier rules on every appointment. A good FMO makes that easier by building compliance steps into your tools, explaining rule changes each year, reviewing materials and answering questions quickly. Treat your upline as a resource, not a substitute for knowing the rules.
Do Medicare agents still need a Scope of Appointment?
Yes. A documented Scope of Appointment is required before a personal marketing appointment under 42 CFR 422.2264. The CMS CY 2027 final rule removed the old 48-hour waiting period, but it did not remove the SOA itself. Stay within the products the client agreed to discuss.
How long do Medicare sales calls need to be kept?
Under 42 CFR 422.2274, marketing, sales and enrollment calls, including the audio of web-based calls, must be recorded and kept in their entirety for at least 6 years. Know where your recordings are stored and make sure you can retrieve one if a carrier or CMS asks.
What compliance tools should an FMO provide?
Look for SOA capture built into scheduling, scripted TPMO disclaimers, call recording with secure storage, and compliant marketing templates. Ask for a demo and ask how the tools are updated when CMS changes the rules. Tools that make the right step automatic are worth more than any checklist.