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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.
Consent Library
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:
search for consumers using plan year, status, consumer name, or email
view and download consent
mark consent as revoked
collect new consent when needed - you may even choose to collect consent before starting an application
To collect new 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 consent from the Consent page you have the ability to collect consent via email or by uploading a file.
Consent within the enrollment flow
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, including what the consumer sees by watching this short overview.
Selecting "Upload proof of [consent/review] to HealthSherpa"
File constraints
You are able to upload (1) file as proof consent
Less than 20MB.png, .jpg, .pdf, .mp3
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.
Consent within the Clients Details page
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:
Method - how the consent was captured
“Agent Upload” - when you manually uploaded the consent
“Agent Retained” - when you marked to store proof of consent in your own records
“Direct to consumer” - a client self-enrolled and provided their own consent
"Web form" - when you used the digital consent form
Date - when the consent was created in the system
Status - the current status of the consent
“Collected” - proof of consent was collected, whether it is stored in our platform or in your own records
“Action Required” - When you marked to upload consent later
"Revoked" - When you have marked a record as revoked; will also display date
"Client action needed" - when you sent the digital consent form, but your client hasn't submitted it yet.
Type - the document type (consent, app review, change approval, or multi-type)
Plan Year - the related application’s plan year
Files - you are able to download the available file related to the consent record
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. Note: When resending Eligibility Application Review, a new access code will generate.
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.
Revoke:
After uploading consent, agents have the option to select the 'Mark revoked' button in instances when their clients have revoked consent. Clicking 'Mark revoked' will update the consent record's status and notate the date of revocation.
Delete:
After a consent record has been marked as revoked, you will notice the 'Mark Revoked' button changes to a 'Delete' button. Clicking 'Delete' will remove the record from your dashboard and cannot be undone. Deleting consent is best reserved for when an incorrect document has been uploaded by mistake. Note: delete is not available for EAP submissions. Learn more about EAP consent guidelines here.
Consent completion notifications for agents
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.
Exports
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:
Collected - If you've already uploaded consent or marked to "store consent in your own records"
Action required - If you've chosen to upload later but have not yet done so
Training videos
Consent overview
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.
Email digital consent/review
If you'd like to learn more about our digital consent flow, including what the consumer sees, watch this short overview:
Text digital consent/review
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:
Frequently asked questions
What is Consumer consent?
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.
What is Eligibility Application Review consent?
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.
What should I do if an Access code appears when emailing a consumer consent?
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.
How long does consent remain valid?
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).
Why are some client names not hyperlinked in my Consent Library?
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.
Additional resources:
Consumer consent:
Standard Consent Form - Generic consent form
Enrollee Assistance Program Consent Form - To be used for when submitting an Enrollee Assistance Program Shared-Service Enrollment (EAP). Learn more about EAP consent guidelines here.
Eligibility Application Review:
Standard Eligibility Application Review Form - There is not a downloadable consent for for Eligibility Application Review. 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.
Enrollee Assistance Program Consent Form - To be used for when submitting an Enrollee Assistance Program Shared-Service Enrollment (EAP). Learn more about EAP consent guidelines here.
CMS' FAQs for Agents and Brokers here
Spanish Resources: