OEP Marketing Do’s & Don’ts

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Written by Richard Post
Agent Success Manager & Licensed Life and Health Agent
Jan. 1, 2023 5 min. read


During the Medicare Open Enrollment Period (OEP) which runs from January 1 to March 31 each year, beneficiaries can switch from one Medicare Advantage plan to another or go back to Original Medicare. However, during OEP agents may not knowingly target or send unsolicited marketing materials to any MA or Part D enrollee. “Knowingly” takes into account the intended recipient as well as the content of the message.


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During OEP, agents may:

Conduct marketing activities based on other enrollment opportunities, such as:


Marketing to age-ins (who have not yet made an enrollment decision),

Marketing for a 5-star plan, and

Marketing to dual-eligible and LIS beneficiaries who, in general, may make changes once per calendar quarter during the first nine months of the year.

Send marketing materials when a beneficiary makes a proactive request; and

Have one-on-one meetings at the beneficiary’s request

During OEP, agents may not:

Conduct activities or send unsolicited materials advertising the ability/opportunity to make an additional enrollment change or referencing the OEP;

Specifically target individuals who are in the OEP because they made a choice during Annual Enrollment Period (AEP) by purchase of mailing lists or other means of identification;

Call or otherwise contact former enrollees who have selected a new plan during the AEP.



OEP is a great time to shift to Age-In or other SEP activities. We also suggest using this time to reach out to your clients who enrolled in a plan during AEP to check in to confirm they know how to use their benefits or if they have any question. Doing so will go a long way with customer retention and satisfaction, will help reduce member complaints, and can spark a request for permissible marketing informatio

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