The Centers for Medicare & Medicaid Services (CMS) introduced new regulations in the Notice of Benefit and Payment Parameters for Plan Year 2024 that all agents, brokers, and web-brokers must follow before helping consumers complete and submit their Marketplace application. To ensure that agents and brokers understand the specific guidelines of these new regulations, CMS recently published several frequently asked questions (FAQs) that answer common questions about these new requirements.

These new regulations require that effective June 18, 2023, an agent or broker must document the consent of the consumer prior to providing assistance, and the consumer must take an action to actively provide this consent. For example, agents and brokers may obtain the signature of the consumer on a consent document or receive verbal confirmation from the consumer, captured in an audio recording. These new regulations also require that agents and brokers document that consumers have reviewed and confirmed the accuracy of the information entered on their Marketplace application.