This article describes how you can manage consent and review records for your clients as it pertains to the new Active Consent rules from CMS. See this article for more information: Summary of CMS Guidance on New Consent Rules -- Effective 6/18.

According to CMS, "consent" includes two parts: initial consent to enroll and review of all application data, plan selection, and attestations. This article will cover how HealthSherpa now allows you to capture and store both:

Uploading consent is optional, and HealthSherpa provides agents the ability to do this on the Privacy Policy screen.

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.

What your client sees:

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."

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.

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.

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

After completing an application and selecting a plan, agents will have the opportunity to collect proof of review from their client on the Confirm plan screen. (This is the second part of "active consent" as required by CMS.) You will have the option to email a review link to your client, upload proof of review, or, in the case of non-referring agents, indicate that you keep proof of review in your own records.

Selecting this option allows you to send an email to your client with a link to a digital review form. Once sent, 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.

Once your client signs and submits the form, a PDF version of it will be saved to your consent records table with the type "Review."

What your client sees:

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 "Resources."

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.

We've added a new column in Client Exports called "Consent status," with the following possible values:

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.

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 mark a record as "revoked"--in instances when their clients wish to have it removed. Clicking this button will update the consent record's status and notate the date of revocation.

Delete:

After a consent record has been revoked, you will see a "delete" button on the far right of the row. Clicking this will remove the record from your dashboard and cannot be undone. It is best used when you accidentally upload the wrong document. Note: delete is not available for referrals.

If you'd like to learn more about our digital consent flow, watch this short overview:

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.