Do CMS marketing rules apply to my agent website?
Yes. If your website mentions Medicare Advantage or Part D plans and you get paid to market, sell or enroll them, CMS considers you a third-party marketing organization (TPMO), and its communications and marketing rules reach your site. In practice that means a specific disclaimer, a short list of banned words and claims, limits on how you use the Medicare name, and rules about what happens to the details people type into your forms. Most of the trouble we see comes from agents who assumed the rules were only for carriers.
This is a plain-English map, not legal advice. Your FMO and carriers' reading of these rules is the one that counts for your contracts.
Why does an independent agent count as a "TPMO"?
Because the federal definition was written to include you. Under 42 CFR 422.2260, a TPMO means "organizations and individuals, including independent agents and brokers, who are compensated to perform lead generation, marketing, sales, and enrollment related functions" as part of the chain of enrollment. "Marketing" there means material meant to steer a plan choice, especially anything mentioning benefits, premiums or Star Ratings.
The rules are written for the plans themselves, but 42 CFR 422.2274(g) makes each plan responsible for making sure the TPMOs selling for it follow the rules that apply to the plan. That's why carriers and FMOs ask about your website. If your site breaks a rule, the carrier has a problem, so you have one too.
The honest counterpoint: a page that never discusses plans or benefits is closer to general advertising. But almost every Medicare agent site we audit has at least one page mentioning Advantage plans or $0 premiums, and that brings the site into scope.
What exactly has to be on the site?
The TPMO disclaimer. This is the one non-negotiable. 42 CFR 422.2267(e)(41) labels it "standardized content," and it must be "prominently displayed on TPMO websites." It applies to any TPMO selling plans for more than one MA organization. If you don't sell every plan in your area, it reads:
If you do sell every plan in the area, the last sentence becomes "You can always contact Medicare.gov or 1-800-MEDICARE for help with plan choices." Fill in your real numbers, update them each fall when your appointments change, and don't add or rewrite anything else. "Prominently displayed" is not a link to a separate legal page. Put it in the footer of every page and again near any quote or contact form.
The same section requires it in emails and online chat too, so if your site has a chat widget, the disclaimer belongs there as well.
What can't you say on a Medicare website?
The prohibited practices live in 42 CFR 422.2262. They open with the standard everything else is measured against: no misleading, confusing or "materially inaccurate information." The items that show up on agent websites most often:
| Common website copy | The rule | Safer version |
|---|---|---|
| "Get a FREE Medicare plan" | "Free" can't describe a $0 premium, premium or cost-sharing reductions, the low-income subsidy, or dual-eligible cost sharing | "Plans with a $0 monthly premium may be available in your area" |
| A Medicare card image or the CMS logo in the hero | No using the Medicare name, CMS logo or federal products like the Medicare card in a misleading way; the card image needs CMS authorization | Your own brand and photos |
| "Medicare-recommended agent" or "official Medicare help" | You can't claim to be recommended or endorsed by CMS, Medicare or HHS | "Licensed, independent agent" |
| "Medicare Advantage plans for seniors" | No implying plans are only for seniors rather than all Medicare beneficiaries | "Medicare Advantage plans for people with Medicare" |
| "A plan that supplements your Medicare" (about an Advantage plan) | No implying an MA plan operates as a supplement to Medicare | Explain that Advantage replaces how you get Original Medicare benefits |
| A client video saying "this plan saved me thousands" | Endorsements must name the product or company, come from an actual enrollee, and disclose if the person was paid or is an actor | Keep reviews about your service, and ask your FMO before using any plan testimonial |
Unsupported claims like "best plans" or "lowest prices" fall into the same "mislead or confuse" territory. AI assistants favor checkable facts over adjectives anyway (see the trust signals AI looks for).
Does timing matter for what's on your site?
Yes, and it matters most right now. 42 CFR 422.2263(a) says plans "may begin marketing prospective plan year offerings on October 1" for the next contract year, and can market both years at once "provided materials clearly indicate what year is being discussed." For a website, that means two things:
- Don't publish next year's benefits before October 1. A blog post about next year's plan changes should wait until marketing opens.
- Label every year. During the Annual Enrollment Period your site often has current-year and next-year information side by side. Put the plan year in headings, tables and premium figures so nobody mistakes one for the other. Then go back in January and update or retire the old-year pages.
The same section also restricts unsolicited marketing about the Medicare Advantage Open Enrollment Period. That's mostly about outreach, but a "switch plans now" pop-up in February is the kind of thing a carrier will ask about.
What about your contact forms and click-to-call?
Here your site becomes part of the sales process, and 42 CFR 422.2274 has three requirements that matter:
- Disclose the hand-off. TPMOs must tell beneficiaries that their information "will be provided to a licensed agent for future contact." If a form feeds anyone besides you, say so on the form. Either way, "A licensed insurance agent will contact you" costs nothing.
- Record the calls. All marketing and sales calls, including the audio of web-based calls, must be "recorded and retained in their entirety for a minimum period of 6 years." If your click-to-call rings your cell, check that those calls are recorded.
- Scope of Appointment before a personal marketing appointment. A booking calendar on your site schedules the meeting. It doesn't replace the SOA, so build the SOA step into your follow-up.
Separately from CMS, any form that collects a phone number should carry TCPA consent language before you call or text. And the form actually has to reach you. We've written about testing whether your form leads reach your CRM.
Do you need carrier approval to show plan names or logos?
Usually, yes. Carrier logos, plan names and plan-specific benefits are what carriers watch most closely, and most expect you to get permission or use their approved materials first. Whether the whole site needs formal submission depends on your contracts. The safe default: write about Medicare in general terms and ask the carrier before naming a specific plan or posting a premium.
A 10-minute compliance pass on your own site
- Is the TPMO disclaimer on every page, word for word, with this year's carrier and plan counts?
- Search the site for "free," "best," "lowest," "official" and "seniors." Rewrite each one.
- Remove any Medicare card image, CMS logo, or anything implying a government connection.
- Does every page with premiums or benefits name the plan year?
- Does every form say a licensed agent will contact the person, and carry TCPA consent language?
- Are calls from your site's phone number recorded and kept?
- Are carrier logos and plan names used only with permission?
Compliant and citable want the same thing: accurate, dated information from an identifiable licensed person. Our AEO guide for insurance agents covers the citation side.
Frequently asked questions
Do Medicare marketing guidelines apply to agent websites?
Yes, whenever the site discusses Medicare Advantage or Part D plans. Federal rules define a third-party marketing organization (TPMO) to include independent agents and brokers who are paid for lead generation, marketing, sales or enrollment, and they require the TPMO disclaimer to be prominently displayed on TPMO websites.
What is the TPMO disclaimer and where does it go on my website?
It is standardized CMS language that starts “We do not offer every plan available in your area,” states how many organizations and plans you represent, and points people to Medicare.gov or 1-800-MEDICARE. The regulation says it must be prominently displayed on TPMO websites, so put it somewhere a visitor will actually see it, such as the footer of every page and near any quote or contact form. Fill in your real counts and do not reword it.
Can I use the word “Medicare” in my agency name or website address?
The rule does not ban the word outright; it prohibits using the Medicare name, the CMS logo or federal products such as the Medicare card in a misleading way, and it bars claiming you are endorsed by CMS or Medicare. A name or URL that could make a visitor think they reached the government is where agents get into trouble. Check any name that leads with “Medicare” with your FMO and carriers before you build a brand on it.
Can I say a plan is “free” on my Medicare website?
Not to describe a $0 premium, a premium or cost-sharing reduction, the low-income subsidy, or cost sharing for dual-eligible people; the regulation prohibits that use of “free.” It is allowed only for benefits that carry a zero cost share for every enrollee. Write “$0 monthly premium” instead and you avoid the issue entirely.
Do CMS marketing rules apply to my Medicare Supplement or life insurance pages?
The CMS communications and marketing rules covered here are written for Medicare Advantage and Part D plans, so Medicare Supplement, life and ACA pages are mainly governed by state insurance law and carrier rules instead. If one site covers both, keep the TPMO disclaimer site-wide so the Medicare Advantage pages are never without it.
Where we fit
Every Medicare site we build ships with the TPMO disclaimer in the footer and beside each form, year-labeled plan content, consent language on every form, and copy without the words that get flagged. Your FMO or carriers still sign off; we hand them a site that's easy to approve. It's live in 7 days on your own domain. See exactly what's included.
Not sure your site would pass a carrier review?
Bring it to a 15-minute call. We'll walk through it against the checklist above and show you what a compliant, AI-citable version looks like.
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