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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.

This article will cover how HealthSherpa now allows you to capture and store both:

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

The new consent library allows you to manage it all in one central location. You can view and download when necessary. HealthSherpa will securely store it compliantly.

You can easily find what you need by searching by plan year, status, name & email.

Within the client details the "Consent Records" will show the consent history between you and your client.

Revoking and deleting consent

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.

We've added a new column in the Client Exports report called "Consent status." Consent status values include:

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.

You may choose to collect consent even before starting an application. You can do so by going to the consents page then go to the Collect Consent tab.

Here, you'll have the ability to collect consent via email or uploading a file you already have.

The Privacy Policy page is the first step when starting a new application.

Here you have multiple consent options.

Selecting "Email digital consent form to my client"

Selecting this option allows you to send an email to your client with a link to a digital consent form. Once your client signs and submits the form, a PDF version of it will be saved to your Consent Record table. 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 "Text consent 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, a PDF version of it will be saved to your Consent Record table. 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, including what the consumer sees by watching this short overview.

Selecting "Upload proof of consent 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 the dashboard. For agents who do not have a viable method for collecting consent, we will also provide a consent form for you to download. These forms will also be available at the bottom of this article under "Additional resources."

Selecting "I already have proof of consent 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 are now able to upload consent and consent-related documents whenever you want to, directly from the client details screen of your dashboard.

Uploading consent from the dashboard

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.

Resending digital consent forms from the dashboard

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.

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.

After completing an application and selecting a plan, agents will have the opportunity to collect Eligibility Application Review within the Confirm plan screen.

You will have the option to email a review link to your client, upload proof of review, or indicate that you keep proof of review in your own records.

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

Uploading consent from the dashboard

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.

Resending review links from the dashboard

If your client has not yet signed the digital review 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. It will also include a new access code.

If you'd like to see where consent lives within the HealthSherpa enrollment and review flows, reference this recent overview in English. TIP: using the 'chapters' icon within the video control panel provides viewers with the ability to navigate easily 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:

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

If consumers have already opted in to receiving text messages from HealthSherpa, they will not need to do so again. When consumers have already opted in to text messaging, you will see an option to simply proceed with sending text consent/review as pictured here:

Spanish Resources: