When do I need to give the required disclaimer, and where can I find the correct wording?
Which disclaimer you need depends on what your material contains. Below are the two disclaimers named in the excerpts, when each is triggered, and where the model wording comes from.
Federal Contracting Statement — required on virtually all marketing materials, with specific exceptions:
“MA organizations must include the Federal Contracting Statement on all marketing materials with the exception of the following:”
“Banners and banner-like advertisements.”
The same exceptions (banner-like ads, outdoor advertisements, text messages, social media, envelopes) apply on the Part D side:
“Part D sponsors must include the Federal Contracting Statement on all marketing materials with the exception of the following:”
Star Ratings Disclaimer — triggered whenever Star Ratings are mentioned:
“Include the model content in disclaimer form or within the material whenever Star Ratings are mentioned in marketing materials, with the exception of when Star Ratings are published on small objects (that is, a give-away items such as a pens or rulers).”
Wording: Both provisions state this is "model content" that must include specified elements, rather than mandatory verbatim text. For the Contracting Statement, the required elements are:
“(A) Legal or marketing name of the organization.”
“(D) A statement that enrollment depends on contract renewal.”
For the Star Ratings Disclaimer, the plan must:
“(i) Convey that MA organizations are evaluated yearly by Medicare.”
“(ii) Convey that the ratings are based on a 5-star rating system.”
The excerpts also cover other disclaimers (Accommodations, Mailing Statements, Promotional Give-Away, and others) with their own triggers — let me know if you'd like detail on a specific one.
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.