Understanding Marketing Rules and The Role of Supplements During the AEP

As agents remain focused on the annual enrollment period (AEP) for Medicare and ACA plans alike, it’s important to understand the laws and CMS regulations surrounding both MediGap policies and non-health insurance policies such as life insurance and annuities.


  • One of the key rules to remember is agents are not allowed to speak with clients about plan options unless those clients have agreed specifically to discuss those plans. When making appointments with clients, make sure to be clear about which plan options you expect to discuss, and name these plans in advance of your meeting, as you are also required to advertise any policies using their specific plan names.
  • In terms of sale setting and appointment requirements, discussing policies and marketing to clients in a health setting, such as a doctor’s office or pharmacy, or at educational events like conferences or health fairs is prohibited. Be specific and intentional about setting meetings with clients, rather than attempting opportunistic sales.
  • During the Medicare AEP, representatives are prohibited from selling non-health insurance products as part of a Medicare sales pitch. This includes life insurance, annuities, and other income protection plans.


You can explore the full list of Medicare sales requirements at Medicare.gov. While these marketing rules can make supplemental sales a challenge during AEP, December 8, when this period ends, is a great time to begin contacting clients about their new plans and other insurance needs they may have.

Extended care services and hybrid life insurance plans can be an especially valuable outreach following AEP. Most Americans don’t realize traditional Medicare won’t cover long-term care services and supports. While insurance planning is still fresh in their minds from AEP, this can be a great opportunity to discuss potential gaps in retirement planning and offer valuable insurance solutions to fill these gaps.