What Medicare Agents Can (and Cannot) Do Before AEP
Knowing what Medicare agents can do before AEP is the difference between a fast start and a compliance headache. Most agents freeze in the summer. They think every move before October 15 breaks a CMS rule. It does not. A lot is allowed, and the agents who use that runway win the season.
What Medicare Agents Can Do Before AEP (Right Now)
You have more freedom than you think. The rules limit what you sell, not whether you can work.
You can build relationships, review your book, and set your calendar. You can generate permission-based leads all summer. You just hold the plan-specific selling until the windows open.
Here is the simple version of what Medicare agents can do before AEP starts.
Talk to Your Existing Book
You can call and text your current clients any time. Review their situation. Ask about doctor changes, drug changes, and life changes.
This is not marketing a plan. It is service. Keep it about their needs, not next year's specific benefits, and you stay clean.
Collect Scopes of Appointment Early
You can collect a Scope of Appointment before October 1. CMS has said this is not marketing a prospective plan.
That means you can lock in appointments now for October 1 and later. Fill your calendar early so AEP week is not a scramble.
The One Rule That Governs Everything: Marketing vs Communication
Almost every pre-AEP question comes down to one line. CMS splits your activity into two buckets: communication and marketing.
Get this distinction and the rest of the Medicare pre-AEP marketing rules make sense.
What Counts as Communication (Allowed Year-Round)
Communication is general information. It does not push a specific plan or try to steer an enrollment.
Educational content, "call me during AEP" reminders, and general Medicare help all count. You can do this kind of pre-AEP outreach any time of year.
What Counts as Marketing (The October 1 Line)
Marketing steers a person toward a specific plan. Think plan names, benefits, premiums, and star ratings for next year.
You cannot market next year's specific plans before October 1. On October 1, that door opens and you can market the coming year's offerings.
What Medicare Agents Cannot Do Before AEP
The limits are short and clear. Respect these lines and you have nothing to worry about.
Before October 1, you cannot market next year's specific plan details. No premiums, no benefit comparisons for the new plan year.
Before October 15, you cannot solicit, accept, or hold enrollments. You cannot "just hold onto" an application until the window opens. You also cannot help a client complete an AEP enrollment before that date.
One more rule applies all year. Any marketing touch needs your TPMO disclaimer, and you complete a Scope of Appointment before you discuss plan specifics. These are core Medicare AEP compliance habits.
Two CMS Rules That Just Got Easier for This AEP
CMS loosened two rules that used to slow agents down. Both help you move faster this season. Confirm the details with your FMO or carrier, then use them.
The 48-Hour SOA Wait Is Gone
The old rule forced a 48-hour gap between the Scope of Appointment and the sales meeting. That wait has been removed.
You can now take the SOA and hold the appointment the same day. That is huge for walk-ins and same-day bookings.
No More 12-Hour Event Gap
Agents used to need a 12-hour gap between an educational event and a sales event in the same venue. That gap is gone too.
You can run an educational session and a sales session at the same location on the same day. Less friction, more appointments.
How to Build a Compliant Pre-AEP Pipeline
Compliance and growth are not enemies. The best agents do both at once during the summer.
The trick is permission-based leads. A person who opts in and raises their hand is a contact, not an enrollment. Building that list is communication, not marketing a plan.
This is why exclusive, SMS-verified leads work so well before AEP. They are permission-based by design, and they are yours alone. Reach them in the first five minutes and you own the relationship before October. For the full timing plan, see our guide on when to start buying Medicare leads for AEP.
Lead Generation You Can Do Before AEP
Run opt-in lead campaigns all summer. Nurture the list with helpful, general content. Book conversations for October.
Ten thousand people turn 65 every day, so the pool never stops. You are just meeting them early and building trust before the rush. Pair this with a clear read on the Medicare enrollment windows so every lead lands in the right bucket.
Start Your AEP Prep the Right Way
Knowing what Medicare agents can do before AEP turns a quiet summer into a running start. You can serve your book, collect SOAs, fill your calendar, and build a compliant lead pipeline right now.
The agents who wait until October 15 are already behind. The ones who used the runway just execute.
Tired of doing everything right and still having no idea where next month's appointments come from?
See if you qualify for 100 exclusive T65 Medicare leads per month. We only onboard 10 new agents a month, and not every setup qualifies. The free 60-second quiz tells you in real numbers.
Or if you are ready to talk now, book a free 20-minute strategy call. No pitch.
Frequently Asked Questions
Q: What can Medicare agents do before AEP starts?
A: A lot. What Medicare agents can do before AEP includes reviewing their current book, collecting Scopes of Appointment, booking October appointments, and running permission-based lead campaigns. You just cannot market next year's specific plans before October 1 or enroll anyone before October 15.
Q: Can Medicare agents market plans before October 1?
A: No. Under the Medicare pre-AEP marketing rules, you cannot promote next year's specific plan names, premiums, or benefits before October 1. You can share general Medicare information, which CMS calls communication, any time of year.
Q: Can agents collect a Scope of Appointment before AEP?
A: Yes. You can collect a Scope of Appointment before October 1, and CMS does not treat that as marketing. This lets you schedule appointments for October 1 and later and reduce the AEP-week rush.
Q: When can Medicare agents start enrolling clients for AEP?
A: Enrollment opens October 15 and runs through December 7. Before October 15 you cannot solicit, accept, or hold enrollments. Good Medicare AEP compliance means all the prep work happens early and the enrollments happen inside the window.

