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I'm confused about OEP. What can I advertise during that time and who can I reach out to?

During the OEP, you can't send unsolicited marketing to MA enrollees generally, but you can still market to certain groups (age-ins, dual/LIS beneficiaries, 5-star plans) and respond to beneficiaries who reach out to you first. This guidance applies to enrollment requests received on or after January 1, 2027 (and may be applied to AEP enrollments effective January 1, 2027).

What the rule says

The general prohibition:

“MA organizations may not do any of the following:”
42 CFR § 422.2263(b)
“Knowingly target or send unsolicited marketing materials to any MA enrollee during the Open Enrollment Period (OEP).”
42 CFR § 422.2263(b)(7)

What you MAY do during OEP:

“During the OEP, an MA organization may do any of the following:”
42 CFR § 422.2263(b)(7)(i)
“Conduct marketing activities that focus on other enrollment opportunities, including but not limited to marketing to age-ins (who have not yet made an enrollment decision), marketing by 5-star plans regarding their continuous enrollment special election period (SEP), and marketing to dual-eligible and LIS beneficiaries who, in general, may make changes once per calendar quarter during the first 9 months of the year;”
42 CFR § 422.2263(b)(7)(i)(A)
“Send marketing materials when a beneficiary makes a proactive request;”
42 CFR § 422.2263(b)(7)(i)(B)
“At the beneficiary's request, have one-on-one meetings with a sales agent;”
42 CFR § 422.2263(b)(7)(i)(C)
“Include educational information, excluding marketing, on the MA organization's website about the existence of OEP.”
42 CFR § 422.2263(b)(7)(i)(E)

What you may NOT do:

“During the OEP, an MA organization may not:”
42 CFR § 422.2263(b)(7)(ii)
“Send unsolicited materials advertising the ability or opportunity to make an additional enrollment change or referencing the OEP;”
42 CFR § 422.2263(b)(7)(ii)(A)
“Specifically target beneficiaries who are in the OEP because they made a choice during Annual Enrollment Period (AEP) by purchase of mailing lists or other means of identification;”
42 CFR § 422.2263(b)(7)(ii)(B)

MCMG clarification on "knowingly":

“The term "knowingly", as used in the regulation, considers the recipient and content of the message. For example, if messaging specifically calling out the OEP is sent, it would be knowingly targeting.”
MCMG § 422.2263(b)(7) / 423.2263(b)(7)
“Marketing messages aimed at generating interest or leads during the OEP are generally prohibited, unless as noted above. For example, a generic marketing line of "not happy with your plan, change now" would be considered inappropriate marketing.”
MCMG § 422.2263(b)(7) / 423.2263(b)(7)

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.

Sources cited

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