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According to CMS, "consent" includes two parts: consumer consent indicating a consumer has granted permission for an agent to provide assistance with their Marketplace enrollment; and eligibility application review detailing application data and plan selection have been reviewed and approved by the consumer, and attestations have been shared.

HealthSherpa provides you with tools to capture, store, and manage both consumer consent & eligibility application review within your account.

This article will cover:

Learn more about consent here: CMS FAQs: Consumer Consent & Application Review Requirements, & Summary of CMS Guidance on New Consent Rules - Effective 6/18/23.

HealthSherpa provides you with a Consent Library so that you may easily manage both forms of consent for all consumers in one, central location.

The Consent Library is accessible from the Consent page of your HealthSherpa for Agents dashboard.

From the Consent Library, you can:

To collect new or updated consent, select the 'Collect new consent' button from the Consent Library tab or select the Collect consent tab. Either path will launch the 'Collect consent' tab.

When collecting new or updated consent from the Collect consent tab, complete the recipient information section then select the type of consent you wish to collect.

Note: From the Collect Consent tab, only 'Initial consent' is available within the 'Type of consent' drop down menu if Email or Text message collection methods are selected. If you wish to collect other types of consent via email or text, you will have the ability to do this during the enrollment flow.

Next, you will be given the ability to collect consent via email, text, or by uploading a file.

Agents have the opportunity to collect consent within the HealthSherpa enrollment flow. HealthSherpa provides agents the ability to capture Consumer Consent on the Privacy Policy screen, and Eligibility Application Review consent from the Confirm plan screen.

You will have the option to email a digital consent form to your client, choose an existing consent document from the Consent Library, text a consent form to your client, upload proof of Consumer Consent, or indicate that you already have proof of Consumer Consent in your own records.

Selecting "Email digital [consent/review] form to my client"

Selecting this option allows you to send an email to your client with a link to a digital consent form.

Note: When emailing Eligibility Application Review, a randomly generated code will appear. You must provide this code to your client in order for them to access their digital review form. This is to help protect important personal information. the access code does not expire, but will not be visible to you after navigating past this page. You will need to resend the web form from your dashboard should a new access code be needed.

Once your client signs and submits the form, you will be notified, and a PDF version of the consent form will be saved to your consent records. If your client does not have an email associated with their application, you will have the opportunity to input an email that will be used only for consent collection; it will not be associated with their application or be used for other correspondence.

Learn more about our email consent flow, including what the consumer sees by watching this short overview.

Selecting "Select [consent/review] from my Consent Library"

Selecting this option allows you to select an existing piece of consent documentation from your Consent Library. You may begin typing a consumer's name or email address to populate the list, or you may select the drop down menu to scroll through all consumers in your Consent Library.

Selecting "Text [consent/review] form to my client"

Selecting this option allows you to send a text to your client with a link to a digital consent form. Once your client signs and submits the form, you will be notified, and a PDF version of the consent form will be saved to your consent records. Customers will need to opt in to receive text messages from HealthSherpa in order to proceed with text consent.

Learn more about our text consent flow here.

Selecting "Upload proof of [consent/review] to HealthSherpa"

File constraints

If you choose this option, the consent file will be connected to you and your client and will be visible in your consent records. For agents who do not have a viable method for collecting consent, a Consumer Consent form will be available for you to download should you wish. This form is also available at the bottom of this article under "Additional resources."

Note: CMS does not offer a model form for documenting that a consumer has reviewed and confirmed the accuracy of the consumer’s eligibility application information. Reference CMS' FAQs Consumer Consent & Application Review Requirements to learn more.

Selecting "I already have proof of [consent/review] in my own records"

If you already have a storage mechanism for your consent records, choosing this option allows you to notate that choice in your dashboard for reconciliation purposes. Note: HealthSherpa requires consent submissions on all EAP submissions. Learn more about EAP consent guidelines here.

You can upload consent and consent-related documents whenever you want to, directly from the client details screen of your dashboard.

From your Clients page, select a consumers name to view their Clients details page. Here, you may scroll to the Consent Records section to view consent history between you and your client.

The Consent Records section details:

Pressing the "Upload Consent" button will take you to a page to do so. From here, you can select the plan year and document type. HealthSherpa allows you to save all of your related documents, including consent, application review, and change approvals. We also provide a multi-type option in case you'd like to upload a single file that satisfies more than one of these.

If your client has not yet signed the digital consent form, you will see a “Client action needed” status in the consent records table. In this situation, you will also see a button to “Resend email,” which will open the following modal to resend the email to your client. Note: When resending Eligibility Application Review, a new access code will generate.

Revoke and delete actions are only available to agents (not to consumers) and they only apply to consent records you (or clients associated with your account) have added.

HealthSherpa provides agents with a digital consent completion notification once a consumer has submitted a digital consent form. Whether you have shared a digital consent form by email or by text, you will receive an email notifying you each time a consumer has successfully granted their consent:

To disable these notifications, go to the Settings page of your dashboard. Here, you will find a 'Consent update emails' section where you may turn consent completion emails off.

The HealthSherpa export reports are .csv files which contain various pieces of information depending on the export report you choose to generate. Exports are available at the agent and agency level.

Consent specific data points within the Agent-level Clients export & Agency-level Enrollments export include items such as:

Learn more about our export reports here.

If you'd like to see where consent lives within the HealthSherpa enrollment and review flows, reference this recent overview in English.

TIP: use the 'chapters' icon within the video control panel to easily navigate through different sections of the training.

If you'd like to learn more about our digital consent flow, including what the consumer sees, watch this short overview:

To text digital consent, key in the consumer's phone number and acknowledge you have consent to text the consumer. Selecting 'Send text message' will send the digital consent form.

Next you'll see a success indicator:

When the consumer receives the text message, they'll select the link received to view and complete their digital consent form:

When texting digital review, key in the consumer's phone number on the plan confirmation page. Selecting 'Send text message' will send the digital consent form. Be sure to provide your consumer with the access code so that they can view and complete their digital enrollment review form.

If your consumer has opted out of receiving text messages from HealthSherpa, you will not be able to text digital consent/review.

Consumer consent indicates a consumer has granted permission for an agent to provide assistance with their Marketplace enrollment. Consumer consent is required before collecting a consumers PII in order to provide a quote, searching the Marketplace on behalf of a consumer, checking the status of a consumer's coverage, helping a consumer apply or enroll, as well as making any updates to a consumers application. Learn more here.

Eligibility Application Review is the piece of consent that details application data and plan selection have been reviewed and approved by the consumer, and attestations have been shared. Eligibility Application Review can be required for new applications, new plan selections, when making updates to existing applications, and when making updates to plan selections. Learn more here.

When emailing Eligibility Application Review, a randomly generated code will appear. You must provide this code to your client in order for them to access their digital review form. This is to help protect important personal information. the access code does not expire, but will not be visible to you after navigating past this page. You will need to resend the web form from your dashboard should a new access code be needed.

CMS does not specify how long consent remains valid, but they do go into great detail to help you answer this question here (see question 5).

Some client names will not be hyperlinked in your Consent Library if the consent documentation has been collected strictly through the Consent Library and has not yet been associated with an application. You may choose to associate an existing piece of consent documentation from your Consent Library to an application during the enrollment flow.

Spanish Resources: