Medicare Scope of Appointment Rules: 48-Hour Wait Removed

Under current Medicare scope of appointment rules, you still have to agree on and record a Scope of Appointment (SOA) with the beneficiary before every personal marketing appointment for Medicare Advantage (MA), MA-PD, or standalone Part D (PDP) products. What's gone is the 48-hour wait: CMS's Contract Year 2027 final rule removed the 48-hour waiting period and both of its exceptions, and the rule's new marketing policies apply to CY2027 marketing beginning October 1, 2026.

The change affects how you book appointments, and not much else. This guide covers what the regulation requires now, how to collect an SOA by phone or in person, and what records to keep.

Key takeaways

• The 48-hour waiting period between the SOA and a personal marketing appointment is gone. So are the last-four-days and walk-in exceptions.
• You still need an SOA before every personal marketing appointment, whether it's in person, by phone, or virtual, and no matter who started the contact.
• At minimum, the SOA documents the product types to be discussed. CMS publishes no model form, so your carrier's form and script set the standard.
• In-person SOAs must be in writing. For appointments that aren't in person, an audio or audio-visual recording or an electronic record can serve as the SOA.
• An SOA is valid for 12 months. It covers only the products and contract year it names, and it does not authorize a first contact you initiate.
• The regulations set no retention period specific to SOAs. Sales call recordings must be kept at least 6 years, and you should confirm SOA retention with each carrier.

Is the 48-hour scope of appointment rule still in effect?

No. Under the April 2023 final rule, the SOA had to be agreed upon and recorded at least 48 hours before a scheduled personal marketing appointment. There were two exceptions:

• SOAs completed during the last four days of a valid election period for the beneficiary
• Unscheduled in-person meetings (walk-ins) started by the beneficiary

The CY2027 final rule removed the waiting period and both exceptions from 42 CFR 422.2264(c)(3)(i) and 423.2264(c)(3)(i). CMS said beneficiaries can now learn about plan products in real time instead of coming back 48 hours later.

Can you hold the appointment on the same call?

Yes, under the current text. 42 CFR 422.2264(c)(3)(i) now says only that the plan, agent, or broker must agree upon and record the SOA with the beneficiary(ies) before the personal marketing appointment. 42 CFR 423.2264(c)(3)(i) says the same for Part D. You can document the SOA and move straight into the appointment in one conversation, as long as the SOA comes first.

Some pages still describe the 48-hour wait as current. Others describe a "same-day request" exception, which was not one of the two exceptions in the 2023 rule. Retire scripts and trainings built on either.

Did the change take effect June 1 or October 1, 2026?

The rule contains both dates, and they do different things.

The SOA change is one of the new marketing policies, so it applies to CY2027 marketing starting October 1, 2026. Carriers may have handled June 1 through September 30 differently. If SOAs or appointments from that window ever come under review, ask each carrier how it applied the change.

When is a scope of appointment required?

An SOA is required before every personal marketing appointment. These are appointments tailored to an individual or a small group, such as a married couple, to discuss marketing topics. Location doesn't define them, and they can be face-to-face or virtual.

The requirement covers:

• Agents and brokers representing MA organizations. They must secure and document an SOA before a personal marketing appointment under 42 CFR 422.2274(b)(3).
• Part D marketing, under 423.2264(c)(3)(i).
• Every appointment format. MA organizations must keep a system confirming that agents complete SOA records for all personal marketing appointments, including telephonic and walk-in appointments.
• Every direction of contact. In the CY2027 rulemaking, CMS stressed that an SOA is required whether the plan, the agent or broker, or the beneficiary started the appointment. That includes inbound calls from beneficiaries.

Under the old rule, a walk-in only skipped the 48-hour wait. It never skipped the SOA. Today nobody waits, and everyone still needs an SOA.

What does a scope of appointment have to document?

At a minimum, the SOA records the types of products to be discussed. CMS gave MA plans, MA-PD plans, and standalone PDPs as examples. As a best practice, CMS encouraged adding details such as the appointment date and the beneficiary's contact information.

You may already be collecting SOAs without calling them that. CMS clarified that business reply cards (BRCs), voicemails, online forms, and other requests for information that name the product types to be discussed are, in effect, SOAs. CMS also noted that it doesn't currently provide a model SOA document. Your carriers' forms and scripts are the standard your records will be measured against.

Here's a practical checklist for each SOA record. It's advice, and your carrier's form comes first:

• Beneficiary name (each spouse's name, for a couple)
• Product types agreed to: MA, MA-PD, PDP
• Contract year of the plans to be discussed
• Date the SOA was agreed or signed, and how (signed form, recording, electronic record, BRC, web form, voicemail)
• Appointment date and format
• Beneficiary contact information
• Who else was present or agreed, if anyone
• Where the form or recording is stored

How do you collect an SOA in person, by phone, or virtually?

In-person appointments

The regulation says the SOA must be in writing for in-person personal marketing appointments. If your carrier offers a tablet or e-signature form for kitchen-table meetings, ask the carrier to confirm that it meets the writing requirement before you rely on it.

Phone and virtual appointments

CMS clarified that an audio or audio-visual recording, or an electronic record, can serve as the SOA record for a personal marketing appointment that doesn't take place in person. Marketing and sales calls must be recorded in full anyway, so a recorded SOA at the start of a phone appointment happens on a call you're already recording.

A recorded phone SOA script

Use your carrier's approved script if it has one. If it doesn't, here's a short structure to adapt with your compliance team:

"Before we go over any plans, I need to confirm which types of Medicare plans you'd like to talk about today. The options are Medicare Advantage plans, Medicare Advantage plans that include prescription drug coverage, and standalone Part D prescription drug plans. Which of those would you like to cover?"

[Beneficiary answers.]

"Thank you. So today, [date], you've asked to discuss [product types] for [contract year] plans. Is that right?"

[Beneficiary confirms. If the TPMO disclaimer applies to you, read it word for word before any discussion of benefits.]

"If you want to talk about any other kind of coverage later, I'll check with you separately before we get into it."

After the call, note the product types, contract year, date, and recording location on the lead record.

How long is an SOA valid, and when do you need a new one?

An SOA, business reply card, or request for more information is valid for 12 months from the beneficiary's signature date or the date of their initial request. During that time, you may contact the beneficiary only about the products it documents. A signed SOA can be used for multiple telephonic or in-person contacts or appointments.

A separate SOA for additional health related lines of plan business must name those lines, and it's valid for 12 months from the beneficiary's signature date.

The contract-year row matters most in AEP, because an SOA collected for 2026 plans does not cover 2027 plans. Build a fresh-SOA step into your Medicare AEP preparation checklist.

Can you collect SOAs at educational and marketing events?

Yes at both, with different limits at each.

Educational events. Under 42 CFR 422.2264, you may make beneficiary contact information available and receive it, including BRCs and SOA forms. CMS said collecting an SOA isn't a sales or marketing activity. You still may not market specific plans, give sales or marketing presentations, or hand out or accept plan applications.

Marketing or sales events. You may collect SOA forms for future personal marketing appointments. You may not require sign-in sheets or contact information as a condition of attending. If a marketing event directly follows an educational event, you must tell attendees and give them a chance to leave first.

What doesn't a scope of appointment replace?

An SOA documents the scope of an appointment. It doesn't authorize the contact that led to the appointment, and it doesn't satisfy any of the requirements below.

It doesn't permit cold contact

The unsolicited contact rules prohibit door-to-door solicitation, direct messages on social media platforms, and telephone solicitation (cold calling), robocalls, text messages, and voicemail messages, including calls based on referrals. A call isn't unsolicited if the beneficiary consents or starts the contact, for example by returning your call or asking to be contacted on a business reply card. Our Medicare lead management guide covers how to work requested and inbound leads.

Call recording still applies

All marketing and sales calls, including the audio portion of calls over web-based technology, must be recorded in their entirety and kept at least 6 years under 42 CFR 422.2274(g)(2)(ii). A recorded SOA is one part of that call, so keep it with the rest of the recording.

The TPMO disclaimer

Under 42 CFR 422.2267(e)(41), a TPMO that sells plans for more than one MA organization must say the standardized TPMO disclaimer out loud during sales calls, before any discussion of benefits. The disclaimer states how many organizations and products the TPMO represents and refers beneficiaries to Medicare.gov or 1-800-MEDICARE.

TCPA consent for automated outreach

An SOA is not TCPA consent. The Eleventh Circuit vacated the FCC's 2023 "one-to-one" consent revision, and the FCC reinstated the prior version of 47 CFR 64.1200(f)(9) effective August 29, 2025. The revised rule never took effect.

Under the reinstated rule, prior express written consent is a written, signed agreement that authorizes the seller to deliver telemarketing to a specified number using an autodialer or an artificial or prerecorded voice. It must clearly disclose that signing isn't a condition of purchase. Electronic signatures count where they're valid under federal or state law. Our follow-up text templates cover how this applies to texting.

Data-sharing consent

Since October 1, 2024, a TPMO may share personal beneficiary data collected for MA marketing or enrollment with another TPMO only with the beneficiary's prior express written consent. That consent must come through a clear disclosure that lists each receiving entity and lets the beneficiary accept or reject sharing with each one.

How long do you have to keep SOAs and call recordings?

A simple habit helps: file each SOA and its recording under the same lead and contract year, so you can pull both with one search when a carrier asks.

Edge cases: Medigap, caregivers, couples, and more

Medicare Supplement (Medigap)

The SOA requirement covered here sits in 42 CFR Parts 422 and 423, which govern MA and Part D. This guide doesn't say whether a Medigap-only conversation needs an SOA. Ask your carriers and your state insurance department. During an MA or Part D appointment, any additional health related line of plan business that wasn't identified beforehand needs a separate SOA naming it, so ask your carrier how it treats Medigap in that situation.

Caregivers and authorized representatives

The regulation refers to agreeing on the SOA with the beneficiary(ies), and the sources used here don't say who else may agree on a beneficiary's behalf. Ask each carrier for its policy. If a third party is involved, document their name, relationship, and authority.

Married couples and small groups

A personal marketing appointment can include a small group such as a married couple. Spouses often want different products, so record each person's product types separately, and confirm with your carrier whether one form can cover both.

Long-term care residents

You may schedule appointments with residents of long-term care facilities only when the resident asks for one. Without a request, any agent visit is prohibited as unsolicited door-to-door marketing.

Mixed Medicare and ACA households

The SOA rules in Parts 422 and 423 apply to MA and Part D marketing. Say you're helping one spouse with marketplace coverage and the Medicare-eligible spouse asks about MA or Part D. Document an SOA with that spouse before you discuss those products, and keep the two files separate.

Dropped calls

One SOA covers multiple contacts within its 12 months, so you don't automatically need a new one after a disconnect. As a habit, ask early in the call whether you may call back at the same number if the line drops. When you reconnect, confirm the scope again on the recording and note the drop. Ask your carrier whether it wants a fresh SOA in this case.

Common scope of appointment mistakes

1. Following stale 48-hour content. Old scripts, trainings, and calendar rules that build in a two-day gap are out of date.
2. Drifting outside the documented scope. Discussing a product type that isn't on the SOA without taking a separate SOA first.
3. Reusing last year's SOA. A CY2026 SOA doesn't cover CY2027 plans, even when the product type is the same.
4. Treating an SOA as permission to reach out. An SOA doesn't authorize cold calls, texts, or voicemails, and it isn't TCPA consent.
5. Separating the SOA from the recording. A recorded SOA you can't match to its full call recording is hard to produce when a carrier asks for it.
6. Bringing up non-health products. Annuities and other non-health products are off limits during a personal marketing appointment.

Keeping SOA records organized in LeadGPT

Calls made or answered in LeadGPT are recorded, and each gets a transcript and an AI summary. You can play or download recordings from the Call Log. You can attach a signed SOA form to the lead record as a file and use custom data fields for the product types, contract year, and SOA date. The AI Assistant can search call transcripts, which helps when you need to find a specific recorded SOA. Your SOA and retention requirements still come from CMS and your carriers. See how it fits together on the features page.

What to do next

1. Update your scripts, trainings, and booking rules to remove the 48-hour wait and keep the SOA step.
2. Ask each carrier for its current SOA form and script, whether an in-person e-signature counts as writing, how it applied the change between June 1 and October 1, 2026, its retention requirement, and its policy on authorized representatives.
3. Check every AEP SOA on file to make sure it names CY2027 plans.
4. Keep each SOA filed with its recording under the same lead and contract year.

This guide is general information, not legal or compliance advice. Confirm every requirement against the rule text, with your carriers or upline, and with your compliance team. You'll find more rule-by-rule guides in our compliance category, and our editorial policy explains how we research them.