Pre-Warming Activities That Are Allowable Prior to 10/1

Here at Empower, we would like to share with our agents what United Healthcare has shared with us about what to do and not to do before the start of the annual election period (AEP). This applies to not only agents selling United Healthcare but to all other agents selling for this upcoming AEP. CMS has created a strict guideline for what is acceptable and unacceptable before October 1st. Read on for the helpful information.


Because the Centers for Medicare & Medicaid Services do not permit marketing of 2018 plans prior to October 1, 2017, we want to remind you what activities are considered marketing and what you can do prior to October 1 and what must wait until October 1 or later.

What You Cannot Do Before October 1, 2017

Agents cannot engage in marketing activities, including, but not limited to:

  1. Calling (with permission) consumers/members to solicit a personal/individual marketing appointment (e.g. in-home appointment)
  2. Scheduling a personal/individual marketing appointment with a consumer/member
  3. Obtaining a Scope of Appointment (SOA) form
  4. Meeting with a consumer/member to discuss/present Medicare plans
  5. Advertising a marketing/sales event
  6. Conducting a marketing/sales event
  7. Distribute marketing materials or enrollment materials
  8. Completing an enrollment application

Agents cannot engage in any of these activities if the stated or implied purpose is to market 2018 plans prior to October 1, 2017, regardless of whether it is with a new consumer or current member.

What You Can Do Before October 1, 2017

  1. Conduct a plan review with a current member
  2. Provide Medicare education (no plan specific information)

You can engage in marketing activities that are not for the purpose (stated or implied) of marketing 2018 plans prior to October 1. For example, you can contact your current member and schedule an appointment to conduct a plan review. However, if the appointment is for October 1 or later, a 2018 SOA form cannot be obtained until October 1 or thereafter.


 Empower Brokerage is here to assist you with any questions or concerns you may have. We want all of our agents to have as smooth of an annual election period this year as possible. Please don’t hesitate to call us toll-free at (888) 539-1633.

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