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30.3 – Annual Election Period (AEP) 42 CFR §§ 422.62(a)(2)(iii), 422.106(c), and 423.38(b)(3)

Occurs: October 15–December 7 every year

Effective date: January 1 of the following year

Who can use: All Medicare beneficiaries

Changes permitted: • Enrollment into a plan • Disenrollment from a plan

Part C Policy: CMS has waived the requirement for MAOs to accept enrollment requests into employer/union- sponsored plans that are EGWPs during the AEP if the AEP and the employer/union-sponsored plan’s open season do not occur simultaneously; however, MAOs must accept valid requests for disenrollment from an employer/union sponsored plan during the AEP.

Paper Enrollment Requests Received Prior to the AEP: MAOs and Part D plan sponsors may not solicit submission of paper enrollment forms, (or accept telephone or electronic enrollment requests) prior to the start of the AEP.

Although marketing of prospective year plan offerings may begin on October 1 (42 CFR §§ 422.2263(a) and 423.2263(a)), enrollments may not occur until the beginning of the AEP. Therefore, Plans may not permit their brokers and agents to accept or solicit submission of paper enrollment forms prior to the start of the AEP. Plan elections and enrollments may occur during the AEP. Plans and their brokers and agents also should remind individuals that they cannot submit enrollment requests prior to the start of the AEP.

Despite these efforts, CMS recognizes that plans may receive unsolicited paper enrollment forms prior to the start of the AEP, given that marketing activities may begin prior to this date. To be considered unsolicited, the plan must have received the paper AEP enrollment request directly from the applicant and not through a sales agent or broker. Plans and their representatives may not accept unsolicited enrollment requests made through enrollment request mechanisms other than paper prior to the start of the AEP.

Because a plan may not permit its brokers or agents to accept or solicit submission of paper enrollment forms prior to the start of the AEP, the plan must investigate where there is an indication that its agents or brokers were involved in the submission of a paper AEP enrollment requests that was received prior to the start of the AEP (i.e., the name or contact information of a sales agent or broker).

If a plan receives unsolicited paper enrollment forms on or after October 1, but prior to the start of the AEP, it must retain and process them as follows: