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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. Whether you capture consent during the enrollment flow, your consumer's Clients Details page, or the Consent Library, all consents will be visible from the Consent Library.

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

From the Consent Library, you can:

The Consent Library section details:

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.

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

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.

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

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

To view consent collected during the enrollment flow, visit your consumer's Clients Details page or your Consent Library.

Selecting "Email [consent/enrollment review] form to 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 "Text [consent/enrollment review] form to 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 "Select consent from 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 "Upload [consent/enrollment 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 "Store [consent/enrollment review] outside of HealthSherpa"

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 consumer's Clients details page.

From your consumer's Clients details page, scroll to the Consent documents section to view consent history between you and your client. Whether you capture consent during the enrollment flow, your consumer's Clients Details page, or the Consent Library, all consents associated with your unique consumer will be visible from your consumer's Clients Details page.

The Consent documents section details:

Pressing the "Upload Consent" button will take you to a page where you may upload new consent. From the Upload new consent page, first select the plan year associated with the application.

Next, select the document type. HealthSherpa provides agents the ability to capture Consumer Consent (referred to as "consent") and Eligibility Application Review consent (referred to as "app review").

After uploading your file, select Save to store the documentation to your account. To view newly uploaded consent, visit your consumer's Clients Details page or your Consent Library.

Consent status is visible from your consumer's Clients Details page & your Consent Library. If your client has not yet signed their digital consent form, you will see a Pending status listed for the consent record.

Digital consent forms with a Pending status will contain a 'Resend' option within the menu of the respective Actions button. Selecting the Resend option will resend digital consent in the manner it was sent initially (i.e. email or text).

Note: When resending Eligibility Application Review, a new access code will generate. Be sure to note the access code when provided with one so that you may provide this to the consumer.

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. To Revoke or Delete consent, visit your consumer's Clients Details page or your Consent Library and select the respective Actions button.

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, begin by going to the Gear icon located within the top, right-hand corner of your HealthSherpa for Agents account. Then, select the Account settings menu option.

Navigate to the Emails tab within the Settings page. Here, you will find a 'Consent update' section where you may disable consent completion emails.

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.

HealthSherpa provides agents the ability to capture Consumer Consent (referred to as "consent") on the Privacy Policy screen, and Eligibility Application Review consent (referred to as "enrollment review") from the Confirm plan screen.

HealthSherpa provides agents the ability to capture Consumer Consent (referred to as "consent") on the Privacy Policy screen, and Eligibility Application Review consent (referred to as "enrollment review") from the Confirm plan screen.

Note: If your consumer has opted out of receiving text messages from HealthSherpa, you will not be able to text digital [consent/enrollment review], and error similar to this will display:

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 (i.e. enrollment 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 or texting 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 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.

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