AEP is around the corner, which means it is time to shake the cobwebs off your compliance knowledge. The good news this year is unusual: several of the biggest changes in the Final Rule actually loosen the rules rather than tighten them. The catch is that timing matters, and the agents who move too fast on the new freedoms are going to make mistakes. Here is what changed, straight from Diana McElroy, compliance officer at The Brokerage Inc.

The 48-hour Scope of Appointment waiting period is eliminated for CY 2027 marketing

For years, agents have had to collect a scope of appointment and then wait 48 hours before conducting a personal marketing appointment. That waiting period has been eliminated. Once it takes effect, you can collect the scope and go straight into the marketing portion of the appointment, with no clock to track in between. For anyone who has ever had a ready-to-buy client cool off during a mandatory two-day wait, this is a real win.

But read the timing carefully, because this is the rule that will trip agents up. The change takes effect October 1, and it applies to 2027 plans only. For the rest of this year, the 48-hour waiting period is still in force for 2026 plans. So if you sit down with someone after October 1 who is aging in during November or December on a 2026 plan, you still have to wait the 48 hours. The new freedom does not apply just because the calendar flipped to October. It applies based on the plan year you are selling.

Educational and sales events can be back to back again

The second change brings back something agents lost a few years ago. Educational events and sales events can once again be held back to back in the same location. The 12-hour waiting period that was imposed between them is gone.

That rule existed for a reason, though, and understanding why keeps you out of trouble. The waiting period came about because agents were running events directly back to back, and consumers felt pressured to stay for both. People did not feel they had a clean chance to leave or to arrive, and the complaints that followed are what created the 12-hour rule in the first place. Now that the freedom is back, you have to run these events so that nobody feels trapped.

Treat them as two completely separate events. Run the educational event first and follow every educational rule: you can serve a meal, but you cannot get into any plan details, because it is strictly educational. When it ends, tell the audience clearly that the event has concluded. Then give yourself roughly 30 minutes before starting the sales event. That gap lets people comfortably leave or arrive, and it gives you time to bring out the sales materials.

A few specifics matter here. Marketing materials cannot be out during the educational event, so you bring them out only once the sales event begins. The meal from the educational event cannot carry over to the sales event, so clear it away; you are allowed light snacks for the sales portion. Think sandwiches for the first event, then coffee and cookies for the second. That clean break is what minimizes complaints.

You can even advertise both events in the same piece now. Just treat each one separately on the page: a hard start time for the educational event, a hard start time for the sales event, and a clear description of what happens at each. Spell out that the sales event will have an agent available with enrollment applications, while the educational event is information only with no enrollments. Make sure the proper disclaimers appear whenever a sales meeting is advertised.

The TPMO disclaimer wording is changing

The third change is easy to overlook and easy to fall out of compliance on. The standardized TPMO disclaimer, the one that tells consumers you do not offer every plan available in their area, has new wording, and it begins October 1.

Because this is a standardized disclaimer, CMS requires it to be stated verbatim. That means the exact new wording has to appear everywhere the disclaimer lives: your websites, your email signature, your website chat box, and any material that meets CMS's definition of marketing. If you have anything out there right now carrying the old language, it has to be updated. This is not a place to paraphrase or get close enough. Verbatim means verbatim.

Where to get the details right

These changes are genuinely good for agents, but each one has a catch that determines whether you are compliant or exposed. The Brokerage Inc. is publishing the correct new TPMO disclaimer wording and the rest of the Final Rule guidance in BrokerLink, so you can copy the exact verbiage rather than guessing at it.

If you are unsure how a change applies to a specific appointment or event you have coming up, do not assume. The Brokerage has compliance officers in house. Email your questions to [email protected], check the resource page in BrokerLink, or give us a call. Getting it confirmed before AEP starts is a lot cheaper than fixing a violation after.

This is the first piece in our three-part AEP compliance series.

Continue with part two, The Complaints That End an Agent's Contract, and How to Avoid Them, or jump ahead to part three, SSBCI: Before You Promise The Grocery Benefit

Hear Diana break down every change!