Can I cold call a Medicare beneficiary?
Generally no. Unsolicited cold calling of Medicare beneficiaries is prohibited, whether it's an MA plan or Part D sponsor context.
What the rule says
“MA organizations may not do any of the following if unsolicited:”
“Use telephone solicitation (that is, cold calling), robocalls, text messages, or voicemail messages, including, but not limited to, the following:”
The same prohibition applies on the Part D side:
“Part D sponsors may not do any of the following if unsolicited:”
There is an exception where the contact is not considered unsolicited:
“Calls are not considered unsolicited if the beneficiary provides consent or initiates contact with the plan.”
The rule also lists specific calling scenarios that remain prohibited even though they might seem like leads:
“Calls based on referrals.”
“Calls to former enrollees who have disenrolled or those in the process of disenrolling, except to conduct disenrollment surveys for quality improvement purposes.”
“Calls to beneficiaries who attended a sales event, unless the beneficiary gave express permission to be contacted.”
“Calls to prospective enrollees to confirm receipt of mailed information.”
In short: if the beneficiary consented or initiated the contact, calling them is permitted; otherwise, cold calling is barred.
Carrier and FMO rules are often stricter than CMS rules. This tool reports what CMS sources say and is not legal advice. Enrollment guidance shown is the CY 2027 version. Regulation text reflects the CY 2027 marketing rules, which apply to marketing beginning October 1, 2026.
This answer was generated by mapdbot from the sources listed below on September 23, 2026 and checked against them. Regulation text: eCFR as of 09/15/2026. It is for licensed insurance agents, is not legal advice, and does not cover carrier or FMO rules.