Does a Medicare Advantage plan have to accept my client's application if they apply during the annual election period?
Yes. If your client is eligible to elect the plan and applies during the annual election period (the AEP), the MA organization generally must accept the application without restriction — subject to a few exceptions (like an MA MSA plan limitation, dual-SNP eligibility requirements, or a CMS-approved capacity limit the plan reached).
What the rule says
“each MA organization must accept without restriction (except for an MA RFB plan as provided by § 422.57) individuals who are eligible to elect an MA plan that the MA organization offers and who elect an MA plan during initial coverage election periods under § 422.62(a)(1), annual election periods under § 422.62(a)(2), and under the circumstances described in § 422.62(b)(1) through (b)(4).”
“During the annual coordinated election period, an individual eligible to enroll in an MA plan may change his or her election from an MA plan to Original Medicare or to a different MA plan, or from Original Medicare to an MA plan.”
“Dual eligible special needs plans must limit enrollments to those individuals who meet the eligibility requirements established in the state Medicaid agency contract, as specified at § 422.52(b)(2).”
The CY 2027 guidance confirms this obligation and notes the capacity-limit exception:
“An MA organization or Part D sponsor (except for MA organizations that have reached a CMS-approved capacity limit) must accept without restriction, enrollment requests from individuals who are eligible to elect a plan offered by the organization during a valid election period.”
“An MA plan that has reached its capacity limit must remain closed to all prospective enrollees until space becomes available.”
This guidance answer applies to enrollment requests received on or after January 1, 2027 (and plans may apply it to AEP enrollments effective January 1, 2027).
The application must still be complete and the individual must meet the plan's eligibility requirements (e.g., residence in the service area) as described in § 422.50(a) and the guidance's permanent-residence rules.
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.