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.

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.

Agents have the opportunity to collect Consumer Consent within HealthSherpa, and HealthSherpa provides agents the ability to do this on the Privacy Policy screen.

You will have the option to email a digital consent form to your client, upload proof of Consumer Consent, or indicate that you already have proof of Consumer Consent 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 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.

HealthSherpa provides tools for consent capture, storage, and reporting capabilities within your dashboard.

You will notice a new consent records component when you drill into the client details page. This 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:

Member Defense Network™ (MDN) is a partnership among industry leaders, like HealthSherpa, who are committed to fighting fraud in the ACA.

The MDN Registry acts as a central source to validate consent, remove financial incentives for fraud, and keep members safe. Starting in Open Enrollment 2025, HealthSherpa is partnering with MDN to provide you with seamless integration.

HealthSherpa’s integration with MDN means you can manage consent & enrollments directly on HealthSherpa for Agents, the information will automatically be sent to MDN for validation, and you can track your clients and your MDN commission recommendation without extra steps. Learn more about MDN here.

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:

Spanish Resources: