Mistake 1
Assuming every Medicare recording is now 6 years
The 6-year framework applies to marketing and sales call records under the CY2027 final rule. Enrollment records remain subject to a separate 10-year retention framework.
CMS retention guide for Medicare agents
Medicare Call Recording Requirements: 2026–2027 Transition
Reviewed
Current answer — verified September 4, 2026
CMS uses separate retention tracks for Medicare marketing and sales call recordings and for telephone enrollment records. The effective date matters.
Through September 30, 2026: Continue applying the existing 10-year retention framework to Medicare Advantage and Part D marketing and sales call recordings.
Beginning October 1, 2026: Medicare Advantage and Part D marketing and sales calls—including the audio portion of calls conducted through web-based technology—must be recorded and retained in their entirety for at least six years. Keep the audio for years one through three. For years four through six, keep either the audio or a complete and accurate transcript of the full recording.
Telephone enrollment portions remain separate: When the recorded enrollment portion serves as the enrollment form and evidence of the beneficiary’s attestation of intent to enroll, the enrollment record remains subject to the 10-year retention requirement.
Practical rule: Beginning October 1, use six years for marketing and sales call records and ten years for enrollment records. Treat combined marketing, sales, and enrollment calls conservatively.
Why the eCFR may already say six years
The CY 2027 final rule became legally effective June 1, 2026, so the amended eCFR may already display the six-year language. CMS separately states that the new marketing and communications policies apply beginning October 1, 2026, and specifically states that the call-retention change takes effect on that date.
This page is for general compliance education. It is not legal advice, carrier guidance, or a substitute for your MA organization, Part D sponsor, agency, FMO, compliance department, or legal counsel.
Marketing and sales callsEnrollment recordingsWeb-based audioState consent still matters
Quick summary
Medicare call recording requirements at a glance
| Question | Current answer |
|---|---|
| Which Medicare calls must be recorded? | Under the TPMO rule, Medicare Advantage and Part D marketing and sales calls must be recorded in their entirety, including the audio portion of calls conducted through web-based technology. Telephone enrollment portions are also recorded when required as enrollment documentation. |
| What applies through September 30, 2026? | Continue using the existing 10-year retention framework for covered marketing and sales call recordings. |
| What changes October 1, 2026? | Marketing and sales call records move to a six-year minimum: audio for years one through three; audio or a complete and accurate transcript for years four through six. |
| Are telephone enrollment records also six years? | No. Telephone enrollment portions that serve as enrollment records remain on the separate 10-year retention track. |
| Can a six-year-old combined recording automatically be deleted? | No. First determine whether it contains an enrollment record or is subject to a carrier requirement, state requirement, audit, complaint, dispute, litigation hold, fraud inquiry, or other longer preservation obligation. |
Recording trigger
What CMS requires TPMOs to record
Under 42 C.F.R. § 422.2274(g)(2)(ii) and 42 C.F.R. § 423.2274(g)(2)(ii), the TPMO framework requires Medicare Advantage and Part D marketing and sales calls to be recorded in their entirety. The requirement includes the audio portion of calls conducted through web-based technology.
Telephone enrollment is a related but distinct recordkeeping category. CMS explains that, when an enrollment occurs over the telephone, the enrollment portion of the call must be recorded because the recording can serve as the enrollment form and proof that the beneficiary attested to an intent to enroll.
The distinction matters because the CY 2027 six-year change applies to marketing and sales call records, while enrollment records remain subject to a separate 10-year retention requirement.
Not every call
Do Medicare agents have to record every call?
Not every call with a Medicare beneficiary is automatically a CMS-required recorded call. CMS training guidance states that calls other than those involving marketing, sales, and enrollments do not have to be recorded.
Agents should still follow carrier, agency, privacy, quality assurance, complaint-response, and state call-recording requirements. Read the CMS training guidance.
Examples that may fall outside the CMS marketing/sales/enrollment recording requirement
A call only to schedule an appointment
A call only to confirm an office address
A call only to confirm receipt of a welcome packet
A call only to provide non-sales customer-service assistance
A call where no plan marketing, plan comparison, sales discussion, or enrollment request occurs
When in doubt, use a conservative workflow: provide the required recording notice, obtain any required consent, and keep the record organized.
Retention
Medicare marketing and sales call retention
Beginning October 1, 2026, Medicare marketing and sales calls must be recorded and retained in their entirety for a minimum of 6 years under the CY2027 final rule. For the first 3 years, the record must be maintained in audio format. For years 4, 5, and 6, the record may be maintained either as audio or as a complete and accurate transcript recording.
| Retention period | Required format | Practical meaning |
|---|---|---|
| Years 1-3 | Audio recording | Keep the actual audio file. Do not rely on a transcript only during this period. |
| Years 4-6 | Audio or complete and accurate transcript recording | Audio can still be kept, but CMS allows a complete and accurate transcript recording during this part of the retention period. |
| After year 6 | Depends on record type and other requirements | The CMS marketing/sales call retention rule does not mean every related record can be deleted after 6 years. Enrollment records, carrier rules, litigation holds, audits, disputes, fraud allegations, state rules, or agency policies may require longer retention. |
CMS explained that a complete and accurate transcription must document the full recording and reflect all statements made by the participants as the call originally occurred. Read the CY2027 final rule.
Separate track
Medicare enrollment recordings are different
Medicare enrollment recordings should not be treated the same way as ordinary marketing and sales call recordings.
CMS maintained the 10-year retention requirement for enrollment records. CMS also explained that, for enrollments that occur over the phone, the enrollment portion of the call is still required to be recorded because the recording can serve as the enrollment form and proof that the beneficiary attested to the intent to enroll.
CMS describes the enrollment portion as beginning when the beneficiary is advised that they are completing an enrollment request, after which they provide information required by the enrollment form and attest to their intention to enroll.
Practical rule for combined calls
If a single call includes both marketing or sales discussion and a telephone enrollment portion, treat the file as containing an enrollment record unless your carrier, MA organization, Part D sponsor, agency, FMO, or compliance team has given you a specific approved way to segment and retain the required portions separately.
Mixed calls
Do not automatically delete a combined call after six years
A single recording may contain a marketing discussion, sales discussion, Scope of Appointment activity, and a telephone enrollment portion. Do not delete, trim, convert, or separate a combined recording merely because it is more than six years old.
Before applying the shorter retention period, confirm that the recording contains no enrollment record and is not subject to a carrier requirement, agency or FMO policy, state-law requirement, complaint, audit, dispute, litigation hold, fraud inquiry, or other longer preservation obligation.
Practical mixed-call workflow
1
Record the required call audio.
2
Identify when the enrollment request begins.
3
Keep the enrollment portion with the related SOA, plan documents, and attestation record.
4
Tag the record type so it is not deleted under the wrong retention assumption.
5
Export the full file if your business changes.
Call types
Marketing call vs. sales call vs. enrollment call
| Call type | Practical trigger | Recording approach | Retention approach |
|---|---|---|---|
| Appointment-setting call | The call only schedules a future meeting and does not discuss plan options, benefits, or enrollment. | CMS training guidance indicates calls outside marketing, sales, and enrollment do not have to be recorded, but follow carrier and state rules. | No CMS marketing/sales recording retention unless the call becomes marketing, sales, or enrollment. |
| Marketing or sales call | The agent discusses plan options, benefits, premiums, networks, drug coverage, plan comparisons, or recommendations. | Record the call, including web-based audio. | Beginning October 1, 2026: 6 years under the CY2027 framework, with audio for years 1-3 and audio or a complete and accurate transcript recording for years 4-6. |
| Web-based sales meeting | The agent discusses plan options through Zoom, Teams, screen-share, or another web-based voice workflow. | Record the audio portion. | Same marketing/sales retention framework. |
| Telephone enrollment call | The beneficiary is advised they are completing an enrollment request and then provides enrollment-form information and attests intent to enroll. | Record the enrollment portion. | Enrollment records remain subject to the separate 10-year retention framework. |
| Post-enrollment service call | The call is purely customer service and does not involve marketing, sales, or a new enrollment request. | Not automatically a CMS marketing/sales/enrollment recording, but follow carrier, plan, state, and agency procedures. | Depends on the nature of the record and applicable policy. |
Old framing
Why the old "10-year call recording" answer is no longer precise
For several years, many agents were told to think in terms of 10-year Medicare call recording storage. That was understandable because MA organizations and Part D sponsors were expected to retain certain sales and marketing call recordings for 10 years under the prior framework.
Beginning October 1, 2026, the CY2027 final rule changes that framing for marketing and sales calls. CMS finalized a 6-year retention policy for marketing and sales call records, with audio required for the first 3 years and audio or complete and accurate transcript recordings allowed for years 4-6.
The better compliance summary
Medicare marketing and sales calls: 6-year retention framework.
Medicare enrollment records and telephone enrollment portions: separate 10-year retention framework.
Other records: follow CMS rules, carrier instructions, agency policies, state law, privacy requirements, and any litigation hold, audit, dispute, or fraud-related preservation obligation.
Decision checklist
Medicare call recording decision checklist
Use this as a downloadable-style review list before AEP, during staff training, or when auditing recorded-line workflows.
Confirm whether the call involves Medicare marketing, sales, or enrollment.
Give the required recording notice and obtain any state-required consent before continuing.
Record required call audio, including the audio portion of web-based calls.
Identify whether the call includes a telephone enrollment portion.
Store the call with the SOA, plan documents, disclosures, enrollment file, and notes.
Apply the right retention track: marketing/sales call record, enrollment record, or both.
Preserve audio for years 1-3 when the marketing/sales retention framework applies.
Do not convert, trim, delete, or separate the file without your approved compliance process.
Keep the record exportable if your agency, FMO, CRM, phone system, or business changes.
Audio vs. transcript
What agents should know about transcripts
For years 1-3, the marketing or sales call record must remain in audio format. A transcript alone is not enough during that first 3-year period. For years 4-6, CMS allows the record to be maintained either as audio or as a complete and accurate transcript recording.
A summary is not the same thing as a complete transcript. A short note that says "client reviewed Plan A and enrolled" is not a substitute for the full record.
Practical transcript checklist
Covers the full marketing or sales recording
Reflects all participant statements
Is tied to the original call date, agent, beneficiary, phone number, and record ID
Can be retrieved if the plan, agency, CMS, or another authorized reviewer asks for it
Does not replace audio during years 1-3
Does not destroy an enrollment record that must be kept separately
Virtual meetings
Web-based calls and virtual meetings
CMS's call-recording requirement includes the audio portion of calls conducted through web-based technology. The key issue is not whether the communication happens on a traditional phone line. The key issue is whether the communication includes Medicare marketing, sales, or enrollment audio.
Zoom
Microsoft Teams
Google Meet
A screen-share platform
A web-based enrollment platform
A web meeting where the beneficiary and agent speak live
Complete file
What to keep with the call recording
A call recording is most useful when it is stored with the rest of the file. The goal is not just to record the call. The goal is to be able to find the complete file later.
The call recording
The call date and time
The phone number or web meeting record
The agent name or writing number
The beneficiary name or client record
Recording notice or consent details
Scope of Appointment record
Plans or product types discussed
Required disclaimers or disclosures used during the call
Pre-Enrollment Checklist documentation, if applicable
Enrollment form or enrollment confirmation, if applicable
Related notes, documents, or uploaded files
Carrier, agency, or FMO reference numbers
Exportable record package for future review
State consent
State call-recording consent still matters
CMS call recording rules do not eliminate state call-recording laws. Some states require one-party consent. Others require all-party consent. Agents may also be subject to carrier-required scripts or agency-specific recording notices.
Do not assume that a CMS requirement to record a call automatically solves state recording-consent requirements. Review state call recording laws for insurance agents.
A practical workflow should include
A standard recording notice
A method for handling callers who do not consent
State-specific procedures where required
Staff training on when recording begins
A process for stopping, restarting, or rescheduling calls if recording consent is not satisfied
A way to document that the required notice or consent process was followed
Avoidable issues
Common Medicare call recording mistakes
Mistake 2
Replacing audio with transcripts too early
For marketing and sales calls, audio must be maintained for the first 3 years. A transcript-only record is permitted only for years 4-6, and only if it is complete and accurate.
Mistake 3
Treating a telephone enrollment recording as an ordinary sales call
For phone enrollments, CMS states that the enrollment portion of the call can serve as the enrollment form and proof of the beneficiary's attestation of intent to enroll.
Mistake 4
Recording the call but losing the SOA
A call recording alone may not prove the full compliance file. Medicare sales workflows often require related records, such as Scope of Appointment documentation, plan-review records, enrollment documentation, and carrier-required materials.
Mistake 5
Storing recordings in a disconnected phone system
A phone system may record the call, but the recording can become difficult to use if it is not connected to the client file, SOA, enrollment record, or supporting documents.
Mistake 6
Ignoring exportability
Agents change CRMs, FMOs, agencies, carriers, and phone systems. If records cannot be exported, the agent may have a practical recordkeeping problem even if the recording was originally captured.
Mistake 7
Forgetting state recording laws
CMS may require a call to be recorded, but agents still need to follow state consent rules, carrier scripts, privacy policies, and agency procedures.
Decision tree
Practical call recording workflow for Medicare agents
A durable workflow should answer five questions before, during, and after the call.
Appointment only?
No CMS marketing/sales/enrollment recording requirement if no plan marketing, sales, or enrollment occurs.
Plan benefits or recommendations discussed?
Record the call and keep the marketing/sales record under the CY2027 retention framework.
Enrollment request begins?
Record and preserve the enrollment portion under the separate enrollment-record track.
Question 1
Did the call involve marketing, sales, or enrollment?
If yes, handle the call as a recorded Medicare call.
Question 2
Was the call audio captured in full?
For marketing, sales, and enrollment calls, the recording should capture the full required audio, including web-based audio where applicable.
Question 3
Does the recording include an enrollment portion?
If yes, treat it as containing an enrollment record unless your carrier or compliance team has approved a different retention process.
Question 4
Is the recording stored with the rest of the file?
Keep the call with the SOA, plan documents, enrollment information, and related records.
Question 5
Can the file be retrieved and exported?
A record that cannot be found quickly is not very useful during a complaint, audit, carrier request, agency review, or book-of-business transition.
Workflow support
How Informed + Choice can help
This guide explains the requirement. Business Telephone is being prepared to support the calling workflow.
Informed + Choice Business Telephone is coming soon at $39.99 per month for licensed Medicare and ACA insurance agents. It provides a focused business number for inbound and outbound calls inside the app, permitted recording, telephone history, storage, retrieval, and export. Payment will be required before activation, with no trial.
Use it to keep Medicare call recordings, SOAs, telephone authorization records, telephonic enrollment records, and supporting sales documents together instead of scattered across a phone provider, email inbox, CRM notes, desktop folders, and carrier portals.
You still remain responsible for using your approved scripts, disclosures, carrier procedures, agency policies, state recording notices, and enrollment workflows.
Join Business Telephone Early AccessBottom line
The answer is not "10 years for everything" or "6 years for everything"
Record Medicare marketing, sales, and enrollment calls. Beginning October 1, keep marketing and sales call records for 6 years under the CY2027 framework, with audio required for years 1-3 and audio or complete and accurate transcript recordings allowed for years 4-6. Keep enrollment records, including telephone enrollment portions, under the separate 10-year retention framework.
Build your workflow around that distinction.
Compliance source notes
Primary authority
Primary authority: 42 C.F.R. § 422.2274(g)(2)(ii), 423.2274(g)(2)(ii); 42 C.F.R. § 422.504(e)(1)(iv), 423.505(e)(1)(iv); Medicare Program; Contract Year 2027 and Certain Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, and Medicare Cost Plan Program, 91 Fed. Reg. 17,384, 17,464–17,468, 17,573 (Apr. 6, 2026).
The final regulation requires six years for marketing and sales call records, with audio during years one through three and audio or a complete and accurate transcript during years four through six. CMS separately retained the ten-year enrollment-record requirement.
Agents remain responsible for carrier procedures, agency policies, state recording-consent laws, privacy requirements, approved scripts, and any applicable legal hold, audit, dispute, or fraud-related preservation obligation.
FAQ
Frequently asked questions
What are the Medicare call recording requirements for agents? +
Under the TPMO rule, Medicare Advantage and Part D marketing and sales calls must be recorded in their entirety, including the audio portion of calls conducted through web-based technology. Telephone enrollment portions are also recorded when required as enrollment documentation.
Do Medicare agents have to record every call? +
No. CMS training guidance states that calls other than those involving marketing, sales, and enrollments do not have to be recorded. Agents should still follow carrier instructions, agency policies, state recording-consent laws, and any other applicable requirements.
How long do Medicare marketing and sales call recordings need to be kept? +
Through September 30, 2026, continue using the existing 10-year retention framework for covered marketing and sales call recordings. Beginning October 1, they move to a 6-year minimum: audio for years 1 through 3, then audio or a complete and accurate transcript for years 4 through 6.
Can Medicare agents use transcripts instead of audio recordings? +
Beginning October 1, 2026, CMS requires audio format for years 1 through 3 of the marketing and sales call retention period. For years 4 through 6, CMS allows audio or complete and accurate transcript recordings.
Are Medicare enrollment recordings kept for 6 years or 10 years? +
Enrollment records remain subject to the separate 10-year retention framework. CMS explained that, for phone enrollments, the enrollment portion of the call can serve as the enrollment form and proof that the beneficiary attested to the intent to enroll.
When does the enrollment portion of a Medicare call begin? +
CMS states that the enrollment portion begins when the beneficiary is advised that they are completing an enrollment request, after which they provide the information required by the enrollment form and attest to their intention to enroll.
Do web-based Medicare sales calls need to be recorded? +
Yes. The TPMO rule expressly includes the audio portion of Medicare Advantage and Part D marketing and sales calls conducted through web-based technology. Telephone enrollment portions are separately recorded when required as enrollment documentation.
Does the 6-year rule apply to calls that include enrollment? +
Beginning October 1, 2026, the 6-year framework applies to marketing and sales call records. CMS maintained separate retention requirements for enrollment records. If a single call includes both sales discussion and a telephone enrollment portion, agents should confirm with their carrier, plan, agency, FMO, or compliance team before deleting, trimming, or converting any part of the file.
Do state call-recording laws still apply? +
Yes. CMS call recording requirements do not eliminate state recording-consent laws. Agents should use the required notices and consent procedures for the states and call types involved.
Does Informed + Choice guarantee Medicare compliance? +
No. No software can guarantee compliance by itself. Agent Workspace provides a recorded-line and recordkeeping workflow, but agents remain responsible for following CMS rules, carrier requirements, agency policies, state recording laws, privacy requirements, and approved scripts.
Keep Medicare call records connected to the rest of the file
Business Telephone is coming soon for recorded-line workflows, while Electronic SOA is available now for signed Scope of Appointment records.
Recorded business line for Medicare agents | Telephone Scope of Appointment | Electronic Scope of Appointment | SOA Vault | Medicare agent tools