This is educational, not legal advice. Check current CMS/state rules and your carrier/FMO requirements.
If you sell ACA plans, one change is headed your way fast: recorded calls. CMS has recommended that insurers have their appointed agents and brokers record consumer calls. The goal is simple. Protect consumers, and protect honest agents.
Here is what is going on, what it means for you, and a 12-point checklist so you can get ready without panic.
What Did CMS Actually Say?
In its guidance for the 2027 plan year, CMS recommended that insurers on the federal Marketplace direct their appointed agents and brokers to record calls with consumers. That includes calls about plan comparison, enrollment, marketing, and sales. You can read the full text in the CMS guidance (PDF).
According to InsuranceNewsNet (October 21, 2026), the suggested start dates are:
- November 1, 2026 for agents and brokers with 100 or more 2026 policies under one parent organization
- March 1, 2027 for agents and brokers below that, or earlier if they reach 100 plan year 2027 policies with that parent organization
CMS also recommends closer monitoring of enrollment patterns, especially unusual numbers of enrollments with data-matching issues (DMIs). An open DMI on its own does not mean an agent did anything wrong.
Is This a Law for Every Agent?
Here is the important part. These are CMS recommendations that insurers pass along to agents. They are not a blanket law that hits every agent on the same day. Your carriers and FMOs are the ones who will put them into your contracts and enforce them.
So the right mindset is get ready, not get scared. Ask each carrier and FMO you work with what they expect and by when.
Honest Messaging Matters Too
Recording calls is only part of the story. KFF’s overview of the 2027 Open Enrollment Period (October 30, 2026) points to updated conduct standards for agents, brokers and web-brokers. Examples of what is not allowed include:
- Falsely telling consumers they will always qualify for zero-dollar premiums
- Giving false information about enrollment timelines and deadlines
- Offering cash or rebates to get someone to enroll
That means your calls, texts, emails, ads and social posts all need to be accurate. Not just the phone.
The 12-Point ACA-Ready Checklist
- Know which threshold you are in. 100 or more policies under one parent organization points to the November 1 expectation. Below that, March 1, 2027. Confirm with each carrier and FMO.
- Record calls. Cover plan comparison, enrollment, marketing and sales calls. Use a phone setup that can record, and ask your phone provider exactly how recording works.
- Tell people they are being recorded. Follow your state’s consent rules. Some states need one person to agree. Others need everyone on the call to agree.
- Document consent. Keep consent for enrollment help and tie those records to each client’s contact record.
- Use honest messaging only. No “you’ll always qualify for $0 premiums.” Audit your scripts, texts, emails, ads and social posts.
- Verify your dates. Open Enrollment deadlines and effective dates should be correct everywhere you state them.
- Watch for DMIs. Follow up with clients quickly and log every attempt.
- Get text and email compliance right. Finish your A2P registration, handle opt-in and opt-out, and keep follow-up TCPA-safe. Start by learning how to make sure your number is ready to text.
- Protect your data. Limit who can see recordings and client details, and learn your retention requirements.
- Train your team. Cover everything above with staff and contractors, and keep a signed acknowledgment.
- Keep an audit trail. Notes, call logs and automated message history should live in one place.
- Check back every month. CMS and carrier rules can change, so put a monthly reminder on your calendar.
Where to Start
Do not try to fix all twelve in one night. Pick these three first:
- Ask your carriers and FMOs what they expect and when.
- Confirm your phone setup can record, and learn your state’s consent rules.
- Read through every script and message you use for ACA and fix anything that is not 100% accurate.
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How Agent CRM Can Help
Agent CRM cannot make you compliant, and nobody should promise you that. What it can do is give you an organized home base, so your records are not scattered across five apps.
- Health/ACA Branning Bundle (English and Spanish): consistent, pre-built messaging for follow-up, so you are not making it up on the fly. Review it and make it your own before you launch. Learn more about insurance intake forms for Medicare and health.
- Power dialer and built-in phone system: your calls live next to the contact record.
- Contact timeline: texts, emails, calls and notes in one place, which helps with documentation. See how to turn a lead into a client in your CRM.
- A2P text compliance know-how: so your text follow-up is set up the right way.
- AgentAI: engages leads around the clock. Like any message that goes out under your name, review AI messaging for accuracy and compliance.
- Email that lands: read our email deliverability guide for insurance agents.
- Your privacy responsibilities: here is more on Agent CRM’s HIPAA compliance.
Fast follow-up helps too. Here is how to increase your contact rate for new leads.
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This is educational, not legal advice. Check current CMS/state rules and your carrier/FMO requirements.
Sources: InsuranceNewsNet, October 21, 2026; CMS PY27 issuer agent/broker oversight guidance; KFF, October 30, 2026.
FAQ
Is ACA call recording required for all agents?
Not by a single law for everyone. CMS recommended that insurers direct their appointed agents and brokers to record consumer calls, and carriers and FMOs enforce it through their contracts.
When does ACA call recording start?
The suggested start is November 1, 2026 for agents and brokers with 100 or more 2026 policies under one parent organization, and March 1, 2027 for smaller ones, or earlier if they reach 100 plan year 2027 policies.
Which calls should be recorded?
CMS points to calls about plan comparison, enrollment, marketing and sales.
Does an open DMI mean I did something wrong?
No. An open data-matching issue alone does not mean an agent was non-compliant. Follow up with the client quickly and log your outreach.
