America's Benefit Specialist November 2023

HOW AGENTS AND BROKERS CAN PROTECT THEMSELVES AND THEIR CLIENTS

• the name of the consumer or an authorized representative • an explanation of the attestations at the end of the eligi bility application • the name of the assisting agent, broker or web-broker Documenting that eligibility application information has been reviewed and confirmed to be accurate by the consumer or their authorized representative, and that the consumer or an authorized representative consented to the agent or broker assisting them with Marketplace enrollment or applying for APTC or CSRs, requires the consumer or their authorized representative to take an action to produce a record that can be maintained by the agent, broker, or web-broker. The agent, broker, or web-broker must maintain the documentation for a minimum of 10 years and provide it to CMS upon request in response to monitoring, audit, and enforcement activities.

RESOURCES FOR AGENTS AND BROKERS • Marketplace Compliance 2024 Payment Notice Updates Webinar: https://regtap.cms.gov/reg_librarye.php?i=4716 • 2023 Agent/Broker Summit Presentation on Compliance: www.cms.gov/files/document/ab-summit-2023-compli ance.pdf • Agent and Broker Resources Website Model Consent Form: www.cms.gov/files/document/cms-model-con sent-form-marketplace-agents-and-brokers.pdf • FAQs on Consumer Consent and Application Review Requirements: www.cms.gov/files/document/2024-pn ab-faq-9823.pdf • 2024 Payment Notice: Fact sheet: www.cms.gov/news room/fact-sheets/hhs-notice-benefit-and-payment-pa rameters-2024-final-rule • HHS Notice of Benefit and Payment Pa rameters for 2024: www.federalregister.gov/ documents/2023/04/27/2023-08368/patient protection-and-affordable-care-act-hhs-notice-of-bene fit-and-payment-parameters-for-2024

1 The term Marketplace refers to the FFEs and SBE-FPs for pur poses of this document. 2 www.cms.gov/files/document/cms-model-consent-form-mar ketplace-agents-and-brokers.pdf

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