With the 2027 ACA Marketplace Open Enrollment Period beginning November 1, independent insurance agents should be preparing for more than plan changes and enrollment opportunities. Understanding and documenting consumer authorization is an essential part of a compliant enrollment process.
One of the most important distinctions is that CMS requires two separate consumer actions: consent to receive assistance and review of the eligibility application before submission.
These requirements are related, but they are not interchangeable. Agents must also understand how the separate 2027 Marketplace Agent Authorization requirement fits into their enrollment workflow.
Here's what insurance professionals need to know before OEP begins.
Before helping a consumer with Marketplace coverage, an agent or broker must obtain and document the consumer's consent.
This establishes that the consumer has authorized the agent to provide assistance with their Marketplace application or coverage.
Consent must be obtained before performing activities such as:
CMS requires agents to maintain documentation demonstrating that the consumer knowingly authorized the assistance.
Important: Consumer consent should clearly establish who is providing assistance, what assistance is authorized, and when the consent was provided.
Agents can use the CMS Model Consent Form or another compliant method that satisfies CMS documentation requirements.
Obtaining permission to assist a consumer is only the first step.
CMS separately requires agents and brokers to document that the consumer, or their authorized representative, reviewed and confirmed the accuracy of the eligibility application information before submission.
This process helps ensure that consumers understand the information being submitted on their behalf.
The review should address relevant application information, including:
The consumer must have an opportunity to review the application information, confirm its accuracy, and make corrections when necessary.
The key distinction: Permission to assist does not automatically mean the consumer has reviewed and approved the information entered into their application.
These are separate compliance requirements and must be documented accordingly.
CMS requires agents and brokers to maintain documentation of both consumer consent and eligibility application review.
That documentation must be retained for at least 10 years and made available to CMS upon request.
Agents should ensure their enrollment process captures evidence of:
Documentation methods may include appropriately maintained electronic records, signed forms, or other CMS-compliant records.
Agents using third-party enrollment platforms should understand how those systems collect, store, and retrieve the required documentation.
For agents using HealthSherpa, additional guidance is available in the HealthSherpa Consumer Consent Overview.
Another important consideration for the upcoming enrollment season is the CMS Marketplace Agent Authorization requirement, effective October 12, 2026.
This requirement establishes an additional authorization process for agents assisting consumers with Marketplace enrollments.
However, Agent Authorization does not replace consumer consent or eligibility application review.
Agents should understand the three distinct requirements:
| Requirement | Purpose |
|---|---|
| Agent Authorization | Establishes the agent's authorization to assist the consumer through the applicable Marketplace process |
| Consumer Consent | Documents the consumer's permission for the agent to provide Marketplace assistance |
| Eligibility Application Review | Documents the consumer's review and confirmation of application information before submission |
Each serves a different compliance purpose.
Agents should verify that their enrollment platform supports the applicable authorization process while continuing to satisfy the existing CMS consumer consent and application review requirements.
For additional information, read our related article: CMS Agent Authorization Requirement: What ACA Insurance Agents Need to Know.
One of the easiest mistakes an agent can make is treating consumer consent as a single event.
For example, a consumer may authorize an agent to help compare Marketplace plans. That permission allows the agent to begin providing the authorized assistance.
It does not eliminate the separate requirement for the consumer to review and confirm their eligibility application information before submission.
Similarly, completing Agent Authorization through an enrollment platform does not automatically satisfy the other two requirements.
A compliant workflow should account for each requirement separately rather than assuming one authorization covers the entire enrollment process.
Before OEP begins, agents should review their processes, confirm that required documentation is being captured, and understand how their enrollment technology handles these compliance steps.
The 2027 ACA Open Enrollment Period begins November 1, 2026, and runs through January 15, 2027, in states using the federal Marketplace. State-based Marketplaces may have different enrollment dates and procedures.
Now is the time to confirm that your enrollment workflow is ready.
Whether you're assisting existing clients or helping new consumers explore Marketplace coverage, proper authorization, accurate documentation, and consistent procedures can help protect your business and the consumers you serve.
At PSM Brokerage, we're committed to helping independent insurance professionals stay informed about regulatory changes, enrollment requirements, and opportunities to grow their businesses.
Stay connected with PSM for additional ACA Marketplace updates, compliance guidance, and enrollment resources throughout the 2027 Open Enrollment Period.