What permission to contact documentation should I get from a lead vendor?
When you use a lead vendor that qualifies as a TPMO, the vendor's contract with the plan must ensure it discloses to the beneficiary that their information will be shared with a licensed agent, and if the lead is shared with another TPMO, that must be backed by the beneficiary's prior express written consent naming each recipient entity.
What the rule says
“Ensure that the TPMO, when conducting lead generating activities, either directly or indirectly for a Part D sponsor, must, when applicable:”
“Disclose to the beneficiary that his or her information will be provided to a licensed agent for future contact. This disclosure must be provided:”
“Verbally when communicating with a beneficiary through telephone;”
“In writing when communicating with a beneficiary through mail or other paper; and”
“Electronically when communicating with a beneficiary through email, online chat, or other electronic messaging platform.”
“When applicable, disclose to the beneficiary that he or she is being transferred to a licensed agent who can enroll him or her into a new plan.”
Separately, if the vendor shares beneficiary data with another TPMO, written consent is required:
“Beginning October 1, 2024, personal beneficiary data collected by a TPMO for marketing or enrolling them into a Part D plan may only be shared with another TPMO when prior express written consent is given by the beneficiary.”
“Prior express written consent from the beneficiary to share the information and be contacted for marketing or enrollment purposes must be obtained through a clear and conspicuous disclosure that lists each entity receiving the data and allows the beneficiary to consent or reject to the sharing of their data with each individual TPMO.”
The excerpts also require that all marketing/sales calls be recorded and retained for 6 years, and that the vendor's subcontracted relationships be disclosed to the plan, per § 423.2274(g)(2)(i)-(ii).
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
Related questions
- Do I have to record my sales calls with beneficiaries?
- How can I generate referrals and work with churches, senior centers, or other community organizations while staying compliant?
- How long do we have to keep call recordings and SOAs? Does the same rule apply to permission to contact?
- Which calls do I have to record?
- Which calls do I have to record? Does that include calls where I’m only helping an existing client with a service issue?