On April 2, 2026, the Centers for Medicare and Medicaid Services released the final rule governing Medicare Advantage and Part D plans for contract year 2027. Buried inside nearly 10,000 pages of regulatory language was a change that every Medicare beneficiary in the Kansas City area needs to understand before the next Annual Enrollment Period opens in October.
Starting October 1, 2026, Medicare Advantage carriers and Part D drug plans will be permitted to use superlative language in their marketing materials — words like “best,” “highest rated,” and “top plan” — without being required to cite the supporting data or source directly in that material.
As someone who has spent years watching Medicare marketing grow more aggressive and more confusing for beneficiaries, this change concerns me. Not because I think all carriers will abuse it. But because I know how hard it already is for a 65-year-old to navigate Medicare marketing — and this makes it harder.
Here is what you need to know.
What Changed and What Didn’t
Under the previous rule, Medicare Advantage carriers and Part D sponsors could use superlatives in their marketing materials but were required to reference supporting data or documentation directly in the same material. If an insurer wanted to say “highest rated plan in Missouri,” they had to cite the source right there — a CMS Star Rating, a J.D. Power survey, or some other verifiable data point that a beneficiary could look up themselves.
The 2027 final rule removes that citation requirement from the regulations at sections 422.2262 and 423.2262. These regulations govern what Medicare Advantage organizations and Part D sponsors — the insurance carriers — can include in marketing and communications materials. Starting October 1, 2026, carriers can use superlatives without directly referencing supporting data in the material itself.
Here is where it flows downstream to agents: carriers are required under federal rules to maintain oversight of all entities marketing on their behalf — including independent agents, brokers, and third-party marketing organizations. That means if a carrier approves marketing materials that use superlative language, agents using those carrier-approved materials inherit that permission. Agents who develop their own marketing materials are still governed by the same broad anti-misleading prohibitions that apply to carriers.
The practical effect: the marketing environment around Medicare Advantage will contain more “best plan” and “highest rated” language starting this fall — from carriers in television and digital advertising, and from agents in their own client-facing materials — without a visible citation telling you where that claim comes from.
CMS’s stated rationale is that carriers are still broadly prohibited from using misleading, confusing, or materially inaccurate statements, so the core protections remain. CMS can still request supporting documentation when reviewing materials or investigating complaints, and carriers must be able to back up any superlative claim if asked. The prohibition on misleading beneficiaries has not gone away.
What changed is the immediate, visible accountability. When you see an ad — or receive a mailer from an agent — that says “best Medicare plan in Kansas City,” you will no longer be able to look at that same material and see what data supports that claim.
Why This Matters for Kansas City Area Beneficiaries
I want to be fair here. CMS’s position is not unreasonable. Requiring citation of supporting data in every marketing material is genuinely burdensome, and carriers that make false claims can still be held accountable through the complaint and oversight process.
But here is the reality I see on the ground working with beneficiaries in Blue Springs, Independence, Lee’s Summit, and throughout the Kansas City metro:
Most beneficiaries don’t file complaints. Most beneficiaries don’t know how to verify a “highest rated” claim. Most beneficiaries don’t know that a plan can be the “highest rated” on one metric — say, customer service scores — while having a troubling prior authorization denial rate or a narrow network that excludes their oncologist.
And most importantly: there is no such thing as the “best Medicare plan” in the abstract. There is only the best plan for your specific situation — your doctors, your medications, your budget, and your health trajectory.
What “Best Plan” Actually Means and Doesn’t Mean
When a Medicare Advantage carrier calls itself the “best plan in Kansas City,” here are some of the things that claim does not tell you:
Whether your primary care physician is in-network. Whether your cardiologist, oncologist, neurologist, or other specialist is in-network. Whether your current medications are on the plan’s formulary at an affordable cost-sharing tier. What your actual out-of-pocket costs would be based on your health conditions and utilization patterns. Whether the plan’s hospital network includes the facilities you prefer — Saint Luke’s Health System, Research Medical Center, the University of Kansas Health System, AdventHealth, or North Kansas City Hospital. Whether the plan’s prior authorization policies are likely to cause delays or denials for your specific care needs.
A plan with a 5-star CMS rating — genuinely the highest rating available — can still be the wrong plan for you if your doctors are not in the network. A plan with a lower star rating can be the right plan if it covers your medications at a lower cost and includes the specialists you rely on.
CMS itself acknowledged this nuance in the final rule, noting that a statement like “we have the best supplemental benefits in Texas” would be considered misleading and confusing because the “best” supplemental benefits are entirely subjective to the individual health needs of each beneficiary.
“Best” is a marketing word. Your plan decision should be based on your doctors, your drugs, your budget, and your health situation — not on a superlative in a television commercial or a mailer.
How to Evaluate a Medicare Plan the Right Way
When I sit down with a Kansas City area client during the Annual Enrollment Period, here is what we actually look at:
Provider network verification. I check whether your specific physicians — not just your hospital system, but the actual physician groups — are in-network for the plan under consideration. Physician groups sometimes contract separately from the hospitals they are affiliated with.
Formulary check. I run your current medications through the plan’s drug formulary to verify tier placement and cost-sharing. A medication that costs $10 per month on one plan can cost $80 on another.
Total cost modeling. I estimate your likely annual out-of-pocket costs based on your typical healthcare utilization — not the $0 premium headline, but the realistic total cost including copays, coinsurance, and annual out-of-pocket maximum exposure.
Prior authorization review. Some plans have more aggressive prior authorization requirements than others. For clients managing chronic conditions or complex health situations, this matters in ways that never show up in star ratings or marketing materials.
Plan stability. Has this carrier been in the Kansas City market consistently? Do they have a history of significant benefit changes year over year? Stability matters for beneficiaries who want consistent coverage, not a great deal in year one followed by benefit reductions in year two.
None of this information comes from a television commercial or a mailer. None of it is captured by a star rating. And none of it is addressed by a plan calling itself the “best.”
What I Think About This Change as an Independent Advisor
I want to be transparent about where I stand. I am an independent Medicare advisor — I am not employed by any carrier, and my compensation comes from the carriers in the form of commissions that are standardized across plans. I earn the same whether I recommend a $0 premium plan or a higher-premium plan. I have no financial incentive to steer clients toward any specific carrier.
That independence matters more in a marketing environment where “best plan” claims become easier to make without immediate accountability. My job is to cut through that noise and help you find the plan that is actually best for your specific situation.
I believe most Medicare Advantage carriers are acting in good faith. I believe most agents are doing the same. But the Medicare marketing ecosystem has grown increasingly aggressive over the past decade — the volume of mailers, television ads, and phone calls that beneficiaries receive during open enrollment is genuinely overwhelming. This change removes one layer of visible accountability that beneficiaries could previously use to evaluate marketing claims.
My advice: be appropriately skeptical of superlatives in Medicare marketing. Ask any agent you work with to show you the specific analysis behind their recommendation — your doctors verified in-network, your drugs checked on the formulary, your costs modeled for your situation. If they cannot do that, find a different agent.
What to Do Before Open Enrollment This Fall
The Annual Enrollment Period opens October 15, 2026. That is when the 2027 marketing season will be in full swing — and when the new superlative marketing rules will be in effect for the first time.
Here is what I recommend for Kansas City area Medicare beneficiaries before that window opens:
Make a list of every physician, specialist, and facility you use or might need. Include your primary care doctor, any specialists you see regularly, and the hospitals you would want to use in an emergency or for a planned procedure.
Make a list of every medication you take, including dosage. This is the essential input for any meaningful formulary comparison.
Think honestly about your health trajectory. Are you managing conditions that require frequent specialist visits or ongoing treatment? That changes the math significantly on whether a $0 premium plan or a comprehensive Medigap supplement makes more financial sense for you.
Then call me. I will pull every plan available in your specific ZIP code — whether you are in Overland Park, St. Joseph, Raytown, or anywhere else in the KC metro — and walk you through a real comparison based on your actual situation. No superlatives. Just the numbers.
Frequently Asked Questions
Can Medicare Advantage plans now say anything they want in their marketing?
No. Carriers are still prohibited from using marketing materials that are misleading, confusing, or materially inaccurate. The change removes the requirement to cite supporting data directly in the material when using superlatives, but the anti-misleading protections remain fully in place. CMS can still request supporting documentation and investigate complaints. Carriers must be able to back up any superlative claim if asked.
Does this rule affect what agents can say in their own marketing?
Indirectly, yes. The superlative rule technically governs carriers, but carriers are responsible for ensuring that agents and third-party marketing organizations acting on their behalf also comply with marketing rules. Agents using carrier-approved materials that include superlative language inherit those permissions. Agents developing their own materials remain subject to the same anti-misleading prohibitions that apply to carriers.
What does a Medicare star rating actually measure?
CMS star ratings measure plan performance across multiple categories including preventive care, managing chronic conditions, member experience, customer service, and drug plan performance. A 5-star rating reflects strong overall performance across these categories. It does not measure whether a specific plan is the right fit for your individual providers, medications, and health situation — which is ultimately what matters most.
How do I know if a “best plan” claim is accurate?
Ask the agent or carrier to show you the specific data behind the claim. What metric are they using? What source? What year? What geography? A plan that is “highest rated” in customer service may have a narrow network that excludes your doctors. A plan with the “most members” in your county may be popular for reasons that have nothing to do with whether it serves your specific needs. If an agent cannot explain the basis for a recommendation with data specific to your situation, that is useful information.
How is an independent Medicare advisor different from a carrier representative?
A carrier representative works for one company and can only show you that company’s plans. An independent advisor like me represents multiple carriers and can compare every plan available in your ZIP code. My commission is standardized across carriers, so I have no financial incentive to recommend one plan over another. My only incentive is to find the plan that genuinely fits your situation — because that is what generates referrals and long-term relationships.
When should I start reviewing my Medicare plan for 2027?
The Annual Enrollment Period runs October 15 through December 7, 2026. I recommend starting the review process in September — before the marketing noise reaches its peak — so you can make a thoughtful decision based on real analysis rather than advertising pressure. Call me at 816-291-3655 to schedule a fall review.